Règle correspondante
Morocco
Practice Relating to Rule 161. International Cooperation in Criminal Proceedings
In 2009, in its fourth periodic report to the Committee against Torture, Morocco stated:
Under Moroccan law no orders from a higher authority, exceptional circumstances, state of war or the threat of war, threat to national security, internal political instability or any emergency situation could be used as justification for the use of torture or any other form of cruel, inhuman or degrading treatment. 
Morocco, Fourth periodic report to the Committee against Torture, 5 November 2009, UN Doc. CAT/C/MAR/4, submitted 27 April 2009, § 26; see also § 166.
Morocco also stated:
79. Morocco, under its international obligations, is committed to providing adequate assistance to other states in dealing with the offences prescribed by this Convention [against Torture]. For this purpose, national legislation has included provisions in domestic law to facilitate judicial assistance to foreign authorities. With this in mind, a number of international agreements, bilateral and multilateral, have been concluded with the aim of fighting all forms of crime, including torture, and to facilitate judicial assistance among states.
80. Provisions of the Code of Criminal Procedure regulate judicial relations with other foreign authorities (article 713 et seq.). They give the application of international conventions priority over national laws when it comes to international judicial assistance. International requests may include the collection of evidence connected with a crime of torture such as taking witness statements, inspecting sites or confiscating material connected to the crime. Judicial requests are normally passed through the diplomatic channels. But in urgent cases, they may be addressed directly to the competent judges.
81. Moroccan law, upon a request by another state, provides for the seizure of all items that may have been used in the commission of a crime of torture whether found in the possession of the person whose extradition is requested or at a later stage. It is also permitted to handover such items to the requesting state even when the person himself is not extradited for reasons such as death or escape.
82. Morocco also accepts summons by other states for witnesses living on its territory to testify in criminal cases. It is also permitted to temporarily transfer such a person, even when held in a Moroccan prison, to testify or to be questioned in person on condition that such a person is returned to Moroccan custody within a period of time set by the Moroccan authorities and after receiving guarantees for the safety of the witness including protection from physical harm. Morocco also accepts official complaints submitted by other states against Moroccan nationals responsible for crimes of torture or other crimes, inside or outside Morocco. The accused would be investigated and tried in Morocco in accordance with national legislation.
83. The Kingdom of Morocco is bound by a number of international bilateral and multilateral agreements in connection with international judicial assistance when it comes to such cases. This is an indication of Morocco’s determination to cooperate in a positive manner with other states in combating torture and other forms of cruel, inhuman and degrading treatment. 
Morocco, Fourth periodic report to the Committee against Torture, 5 November 2009, UN Doc. CAT/C/MAR/4, submitted 27 April 2009, §§ 79–83.
With [regards] to accountability for violations and abuse against civilians in armed conflicts, I wish to restate the four important peace proposals emphasized by our Minister for Foreign Affairs in her statement during the open debate on the protection of civilians in armed conflict held in February (see S/PV.6917). First, justice must be timely. Secondly, rendering justice to victims should be the only objective of accountability mechanisms. Political considerations should have no place. Thirdly, more careful attention should be paid to the principle of subsidiarity when choosing the most appropriate venue for judicial proceedings. Fourthly, the international community should increase the investment in strengthening national judicial capacities. 
Rwanda, Statement by the Political Coordinator of Rwanda before the UN Security Council during a meeting on the protection of civilians in armed conflict, UN Doc. S/PV.7019, 19 August 2013, p. 21.
In 2009, in its fourth periodic report to the Committee against Torture, Morocco stated:
While extradition, in principle, is the norm in all ordinary crimes, if the Moroccan authorities … [have] reason to believe that a request for extradition lacks objective grounds, and that the request has to do with the person of the individual himself for considerations relating to his ethnicity, race, nationality, or religious or political beliefs, and that such considerations would put his life or liberty at risk or may lead to torture, extradition is denied (article 721 of the Code of Criminal Procedure). A number of bilateral agreements concluded between Morocco and some European and Arab countries take into account such considerations. A case in point is the agreement with the Arab Republic of Egypt … and the agreement with the Kingdom of Belgium. 
Morocco, Fourth periodic report to the Committee against Torture, 5 November 2009, UN Doc. CAT/C/MAR/4, submitted 27 April 2009, § 38.
Morocco further stated:
73. In accordance with article 8 of the Convention against Torture, Moroccan law contains a series of legal provisions relating to crimes of torture or the attempt to use torture when dealing with extradition mechanisms as part of international judicial cooperation.
74. While provisions under Moroccan law governing the extradition of criminals do not make a specific reference to the crime of torture because the Code of Criminal [P]rocedure does not enumerate in detail the offences that may be the subject of extradition, the Code does, however, recognise the offences and acts punishable under the laws of the requesting state.
75. As such, perpetrators of crimes of torture, under Moroccan law, are subject to extradition in accordance with article 4, paragraph 1, of the Convention.
76. The same principle applies to the bilateral agreements Morocco has entered into with other states. Moroccan law, does not exclude perpetrators of crimes of torture from extradition when a state with which Morocco has entered into a bilateral agreement, makes such a request. Exclusions only apply to political, military and customs offences.
77. Morocco has received and responded to a number of requests for extradition, some of which relate to acts of assault and violence, from a number of states. One example is the request in 2008 by the French judicial authorities to their Moroccan counterparts to hand over a Dutch national accused of committing acts of violence and assault. The request was granted.
78. Under bilateral extradition agreements, there is no prohibition on the handing over of perpetrators of acts of torture except when it comes to observing the provisions of international conventions. Moroccan law gives the application of international instruments precedence over domestic law when it comes to international judicial cooperation, having ascertained that persons extradited would not be tortured in the requesting state. This reflects Morocco’s commitment to extend judicial cooperation in fighting crime, especially acts of torture that may be committed by public officials entrusted with enforcing the law. 
Morocco, Fourth periodic report to the Committee against Torture, 5 November 2009, UN Doc. CAT/C/MAR/4, submitted 27 April 2009, §§ 73–78.
In 2003, in its third periodic report to the UN Committee against Torture, Morocco stated: “Extradition does not apply in the case of political offences, other than in a context of odious barbarity or civil war.” 
Morocco, Third periodic report to the UN Committee against Torture, 21 May 2003, UN Doc. CAT/C/66/Add.1, submitted 23 March 2003, § 30.
In 2009, in its fourth periodic report to the Committee against Torture, Morocco stated: “Moroccan law does not exclude perpetrators of crimes of torture from extradition when a state with which Morocco has entered into a bilateral agreement … makes such a request. Exclusions only apply to political, military and customs offences.” 
Morocco, Fourth periodic report to the Committee against Torture, 5 November 2009, UN Doc. CAT/C/MAR/4, submitted 27 April 2009, § 76.