Algeria: Condemnation of the systematic repression in Algeria in the run-up to the presidential elections and referral to the UN Special Rapporteurs
In the run-up to the Algerian presidential elections on 7 September 2024, Algeria is experiencing a period of particularly severe repression, marked by a wave of arbitrary arrests of political opponents, pro-democracy activists, journalists, academics and human rights defenders.
This repression, orchestrated by the authorities, constitutes a flagrant violation of Algeria's international human rights obligations, particularly under the International Covenant on Civil and Political Rights (ICCPR).
Alkarama strongly condemns this alarming situation, which deprives the Algerian people of their fundamental right to self-determination and announces that it will refer the matter to the United Nations Special Rapporteurs to investigate these flagrant human rights violations in Algeria.
Alarming Context of Repression in Algeria
In the run-up to the Algerian presidential election, initially scheduled for December 2024, is controversially brought forward to 7 September 2024, Algeria finds itself in a period of repression of particularly concerning intensity. In August 2024 alone, dozens of political opponents, human rights activists, journalists, and ordinary citizens have been arrested or placed under judicial control.
Notable cases include Karim Tabou, a former leader of the Socialist Forces Front (FFS), who was arrested several times and subjected to severe restrictions on his freedom, including a ban on expressing himself on social networks or taking part in press conferences. Ali Benhadj, a emblematic figure in the Islamic Salvation Front (FIS), has been placed under house arrest, while his son, Abdelfatah, has been arrested and detained.
Alkarama's director, Mr. Rachid Mesli, highlighted that: "These two cases also illustrate the ongoing repression against former FIS members, many of whom remain detained for months simply for issuing a press release calling for the release of political prisoners and respect for public freedoms."
Moreover, the case of Hocine Benhalima, arrested after visiting his brother in prison, shows the extension of this repression to the families of imprisoned activists. Several hundred prisoners of conscience, including women, are currently deprived of their liberty in Algeria. These arrests systematically target people who express opinions critical of the regime, often on vague charges such as "publishing false information" or "offending the president".
Other political figures targeted include Ali Laskri, former secretary general of the FFS, who was arrested on 20 August 2024 during a visit to Ouzlaguen, and Fethi Ghares, coordinator of the Mouvement Démocratique et Social (MDS), who was arrested at his home on 27 August 2024. According to Alkarama, these arrests are part of a deliberate strategy to eliminate any organized political opposition ahead of the elections.
The arrests are not limited to political figures; human rights activist Abdellah Bennaoum, a former political prisoner known for having undertaken the longest hunger strike in Algeria, was once again arbitrarily arrested at his home on 28 August 2024.
Legal Implications: Flagrant Violations of Algeria’s International Obligations
The repressive practices in Algeria flagrantly violate several provisions of the ICCPR, to which the country has been a party since 1989. Article 9, which protects against arbitrary detention, is routinely breached by the numerous arrests of activists and opponents without due legal process. Article 14, which guarantees the right to a fair trial, is also violated by the abusive use of pre-trial detention, allowing individuals to be imprisoned without trial.
Freedom of expression, protected by Article 19 of the ICCPR, is also under serious threat, as evidenced by the restrictions imposed on figures such as Karim Tabou and Ali Benhadj. Article 22, which guarantees freedom of association, is systematically violated, in particular through the application of anti-terrorism legislation that equates any form of peaceful protest with sabotage or terrorism.
These violations of fundamental rights are exacerbated by the adoption of repressive laws such as Article 87 bis of the Penal Code, which equates any call to change the system of governance with ‘terrorism’. This provision is used to justify the detention of peaceful activists and to muzzle all forms of dissent. The United Nations Special Rapporteur on freedom of association recently stressed the need for Algeria to lift these restrictions and respect its international human rights obligations.
These infringements of fundamental freedoms also violate Article 25 of the ICCPR, which guarantees the right of citizens to participate in the conduct of public affairs, including through free elections. In the current context, where repression affects all sectors of civil society and political movements, the integrity of the elections is seriously compromised. The ability of the Algerian people to exercise their right to self-determination, a right for which so many lives were sacrificed during the struggle for independence, is thus directly threatened.
As Mr. Mesli stated: "Without the guarantee of these essential freedoms, the Algerian people's aspiration to self-determination is gravely undermined, rendering any election today meaningless."
A Denial of the Algerians' Inalienable Collective Right to Self-Determination
Above all, these repressive practices, which affect all sectors of civil society and various political movements, do not merely violate individual rights; they directly compromise the collective right of the Algerian people to self-determination.
The fundamental freedoms protected by the ICCPR are intrinsically linked to the ability of a people to exercise its right to self-determination. Without the ability to speak freely, to associate for common causes, and to participate fully and fairly in the political life of their country, Algerians are prevented from realizing the aspiration for which so many of their compatriots have sacrificed since the beginning of the struggle for independence.
Indeed, the ICCPR enshrines the right to self-determination in its first article, making it the very goal of exercising all the fundamental rights and freedoms protected by the Covenant. The right of peoples to self-determination is not only a cornerstone of international law but also a historical and moral foundation for the Algerian people, whose fight for independence is an integral part of their history and identity.
Mr. Mesli concluded: "It is deeply ironic that the Algerian authorities proclaim this principle on the international stage while denying it to their own people. The Algerian people's aspiration to govern their own affairs, to freely choose their political destiny, and to fully enjoy their fundamental rights is rooted in a history of struggle for self-determination and dignity—inalienable rights that no one could ever take away from them."
In light of the serious violations of the individual and collective rights of Algerians by the authorities, Alkarama has urgently decided to bring the following experts to address the situation:
- Special Rapporteur on the situation of human rights defenders
- Working Group on Arbitrary Detention
- Special Rapporteur on the rights to freedom of peaceful assembly and of association
- Special Rapporteur on the independence of judges and lawyers
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Special Rapporteur on the promotion of truth, justice, reparation, and guarantees of non-recurrence