Amnesty International today calls on the Moroccan authorities to open

a thorough, independent and impartial investigation into the death of

a migrant killed at the border between Northern Morocco and Melilla, a

Spanish enclave. The organization also called for the respect of the

rights of migrants who are often ill-treated and summarily expelled

from Morocco. The calls follow the killing of 29 year-old migrant from

Cameroon, known as Alino and the arrest and arbitrary expulsion of 14

other migrants at the beginning of January 2009.

In the morning of 1 January 2009, at least 50 migrants from

Sub-Saharan Africa tried to reach the fence between Morocco and the

enclave of Melilla. According to accounts given to Amnesty

International, Moroccan law enforcement officials fired once in the

air but following shots were directed at the migrants to prevent them

from crossing the border. Alino, one of the migrants, was reportedly

hit by the second shot and died during his transportation to Nador

hospital.

During this incident, 14 other migrants were reportedly arrested and

beaten up, and brought to the gendarmerie of Beni N?sar where they

were photographed and their possessions confiscated. They were then

taken to the city of Nador and from there taken and dumped at the

border with Algeria near the city of Oujda, in what appears to be an

arbitrary and collective expulsion.

Amnesty International calls on the Moroccan authorities to establish

an investigation to examine the behaviour of security forces at the

border and the circumstances surrounding the killing of a migrant with

a view to determining whether excessive force was used by the Moroccan

security forces. An independent post-mortem examination should also be

conducted in accordance with the UN Principles on the Effective

Prevention and Investigation of Extra-legal, Arbitrary and Summary

Executions. In the case that the investigation concludes that

excessive force was used, it should make recommendations to hold

accountable those responsible, compensation for the victims and

measures to prevent any recurrence of such use of excessive force. The

findings of this investigation should be made public.

The Moroccan authorities must also ensure that the fundamental rights

of all individuals intercepted at the border are protected. In line

with international standards such as the UN Basic Principles on the

Use of Force and Firearms by Law Enforcement Officials, law

enforcement officials should ?use force only when strictly necessary

and to the extend required for the performance of their duty?.

In addition, Amnesty International calls on the Moroccan authorities

to ensure that no individual is forcibly returned to a country where

he or she faces a risk of serious human rights abuses, in accordance

with Morocco?s obligations under international law, including the 1951

Convention relating to the Status of Refugees and the Convention

against Torture and Other Cruel, Inhuman or Degrading Treatment or

Punishment. Morocco must provide access to full and fair asylum

procedures to all those fleeing persecution. Any decision to deport

asylum-seekers found not to be in need of international protection

must include adequate procedural safeguards, including the ability to

challenge deportation decisions.

BACKGROUND

In 2005 and 2006, Amnesty International has documented serious human

rights violations against migrants and asylum-seekers trying to cross

the border between Morocco and Spain at the Spanish enclaves of Ceuta

and Melilla, including killings, use of excessive force by law

enforcement officials, collective expulsions and violations of the

principle of non-refoulement.

The Moroccan authorities have opened investigations into migrants?

deaths in Ceuta and Melilla in 2005, in Western Sahara in 2007 and

near the port of Al Hoceima, but to Amnesty International?s knowledge,

they have not been completed nor their results made public.