Algeria: Condemned by UN Committee for Acts of Torture Committed by Security Services
At its last session, held from 27 July to 14 August 2015, the United Nations Committee against Torture (CAT) issued its findings on the complaint submitted by Alkarama relating to acts of torture inflicted on Hashemi Boukhalfa by the Department of Intelligence and Security Services (DRS) in 2011.
The facts
The 43-year-old merchant from the Ouargla Province in eastern Algeria was arbitrarily arrested at his home in Ouargla on 9 January 2011 by plainclothes DRS officers and taken to one of their barracks in the Tazegrat neighbourhood. There, he was held incommunicado for eight days during which he was victim of the worst forms of torture. Among others, Boukhalfa was severely beaten repeatedly, suffered the torture of the cloth (simulated drowning) and was even forced to eat human feces.
During his interrogation, the victim was indiscriminately accused of terrorism, of the murder of three persons and of possessing guns; accusations which he completely rejected.
The very next day following his release on 17 January 2011, Boukhalfa went to the Ouargla hospital's forensic service using as an excuse an act of aggression in the street. He was examined by a forensic doctor who noted the abuse and issued a medical certificate. He then addressed the prosecutor of the Ouargla Tribunal to file a complaint against the DRS, but he saw his letter returned, the Prosecutor declaring "I give you one advice; imagine it was a dream. I cannot do anything for you because we are dealing with the Military Security."
Despite all his attempts to approach the Algerian justice system, and after the refusal of the Ministry of Justice to take action following his efforts, the victim decided to mandate Alkarama to seize the UN Committee against Torture (CAT).
Decision of the Committee against Torture
In its decision, the Committee against Torture deplored the Algerian authorities' failure to respond to Boukhalfa's complaint as they are required to do under the Convention against Torture (UNCAT) ratified by Algeria in September 1989, since the experts regarded all the information provided by the complainant reliable.
The Committee therefore concluded that the treatment inflicted to the victim constituted a violation of Article 1 of the Convention against Torture. The experts also recognised the Algerian authorities' responsibility in the violation of the obligation to prevent and punish acts of torture and for failing to fulfil other obligations under the Convention. The Committee also called on Algeria to give information within three months of the outcome of its decision and compensate Hashemi Boukhalfa.
"This case illustrates once again the Algerian justice system's lack of independence and the climate of impunity that continues to be enjoyed by perpetrators of torture, enforced disappearances and other serious human rights' violations in the country," said Me Rachid Mesli, Alkarama's Legal Director at Alkarama, following this new decision.
Alkarama calls on the Algerian authorities to implement this new decision of the Committee against Torture by opening an impartial investigation into the relevant events in question, in order to prosecute all persons who could be held responsible for the treatment inflicted on the victim − regardless of their hierarchy level.
For more information or an interview, please contact the media team at media@alkarama.org (Dir: +41 22 734 October 08).