Practice Relating to Rule 99. Deprivation of Liberty
Section B. Deprivation of liberty in accordance with legal procedures
Morocco’s Penal Code (1962) provides:
Any supervisor or guard of a penitentiary institution or a place allocated to the holding of detainees who has received a prisoner without one of the regular titles of detention provided for in article 653 of the criminal procedure code or who has refused, without showing a prohibition by the investigating magistrate, to present that prisoner to the authorities or persons authorized to visit him, according to the provisions of articles 660 to 662 of the criminal procedure code, or has refused to present his register to the authorized persons mentioned, is guilty of arbitrary detention and punished by imprisonment for 6 months to two years and a fine of 200 to 500 dirhams.
Morocco’s Constitution (1996) provides: “No one shall be arrested, put into custody or penalized except under the circumstances and procedures prescribed by law.”