For Freedom-Friendly Sentences
Amina Bouayach, Chairperson of the National Human Rights Council
“Strengthening the protection of human dignity, advancing a philosophy of rehabilitation rather than incarceration in cases where imprisonment is not necessary, and preventing prison overcrowding that can seriously undermine fundamental rights in correctional facilities… These are the main reasons why alternative sentencing represents a major human rights reform at the heart of the rule of law,” said Ms. Amina Bouayach, Chairperson of the National Human Rights Council (CNDH), marking the entry into force of Law No. 43.22 on alternative sentences on Friday, August 22, 2025.
“We welcome the positive engagement with many of our recommendations and we are pleased that the law is now in effect. However, its true impact will depend on how effectively it is implemented,” Ms. Bouayach noted. She emphasized the need to allocate adequate funding and ensure the necessary conditions for enforcement, alongside public awareness efforts and capacity-building initiatives. “Alternative sentences must deliver justice without inflicting unnecessary hardship on individuals or their families. They should expand opportunities for rehabilitation and reintegration while also creating meaningful avenues for community service that benefit society as a whole.”
In this context, the CNDH previously submitted a memorandum and organized consultations and roundtables during the legislative debate on alternative sentencing. As the law takes effect, the Council commends the constructive response to its recommendations.
Recognizing that implementation will determine the success of this reform, the CNDH renews its call for:
Adequate and sustained budget allocations to ensure the effective and long-term enforcement of the law;
Broad public awareness campaigns, engaging media, civil society, and key stakeholders to build public support and encourage constructive community involvement in the rehabilitation and reintegration process;
Training and capacity-building for those responsible for enforcement, ensuring full compliance with international human rights standards.
Issued in May 2022, the Council’s memorandum set forth approximately 50 recommendations aimed at expanding the scope of freedom-friendly sentences and promoting their broader use. It underscored the importance of simplifying eligibility criteria, widening their application, and narrowing the list of excluded offenses. The memorandum also stressed the need to uphold the principles of proportionality and non-discrimination during implementation, taking into account the specific circumstances of convicted individuals, including women, minors, persons with disabilities, migrants, older persons, and individuals with drug use disorders. It further called for expanding the authority of the Sentencing Implementation Judge and ensuring due consideration of victims’ legal position.
