Algeria: Human Rights Committee Expresses Serious Concerns about the State of Civil and Political Rights

Following the review of Algeria by the United Nations Human Rights Committee (HRCtte), during which Alkarama highlighted significant issues in its report, the HRC has delivered its conclusions and recommendations today. During a contradictory dialogue held on 4 and 5 July 2018 in Geneva, the Algerian delegation had the opportunity to present the government's viewpoint and respond to questions from the Committee's experts.

The review, which covered the last ten years, was conducted with the Algerian government's report being submitted six years late. In its report, Alkarama focused on the denial of the right to truth and justice for the families of the disappeared, the obstacles posed by the Charter for Peace and National Reconciliation, the exclusion of Tindouf camps from the state's jurisdiction, the persistence of arbitrary detention and violations of fundamental freedoms, as well as the lack of independence of the judiciary and the National Human Rights Council.

Denial of the Right to Truth and Justice for the Families of the Disappeared

The HRCtte expressed concern about "the scale of enforced disappearances in the state party during the conflict of the 1990s," particularly lamenting "the lack of effective recourse" for their families and "the absence of measures taken to shed light on the disappeared, locate them, and, in case of death, return their remains to the families."

The experts particularly emphasised "the lack of effective and independent investigations following the discovery of mass graves, which elicited no reaction from public authorities." They called on the authorities to "ensure the families' right to truth by organising the exhumation of anonymous graves and mass graves and identifying the remains through scientific methods, including DNA analysis," and to "expedite the invitation extended in December 2013 to the Working Group on Enforced or Involuntary Disappearances."

During exchanges with the official delegation, several Committee members raised issues related to the Charter for Peace and National Reconciliation, especially Article 45, which exempts state security forces from liability for crimes committed during this period. The Committee emphasised that this amnesty creates an environment of impunity contrary to the fundamental norms of international law, including the obligation to investigate and prosecute the most serious crimes such as executions, torture, and enforced disappearances.

The Committee thus requested the authorities to ensure that the Charter no longer obstructs the rights of families, specifically by amending Article 45 "to specify its non-application to serious human rights violations such as torture, murder, enforced disappearance, and abduction," and to "ensure that no perpetrator of serious human rights violations is granted amnesty, commutation, reduction of sentence, or cessation of public action."

Government's Refusal to Cooperate with the Committee

Alkarama noted that despite more than thirty decisions by the Committee following individual complaints from families of victims of disappearances and executions, the state persists in refusing to respond to these complaints. The Committee expressed concern over this lack of cooperation and regretted the authorities' refusal to implement its decisions. It "urgently" invited the state to cooperate in good faith by responding specifically to each complainant's allegations.

The issue of the authorities' refusal to cooperate with the UN Committee received even more attention as the latter also expressed serious concerns about police and judicial harassment or reprisals against complainants and their families. It called on the state to cease these reprisals, referring notably to the case of Rafik Belamrania, who was sentenced on appeal to one year in prison after publishing on social media the Committee's decision recognising the responsibility of the Algerian armed forces in the extrajudicial execution of his father in 1995.

Algeria's Obligation to Protect the Rights of Sahrawi Refugees on Its Territory

The Committee noted that the state party failed in its obligation to guarantee all individuals on its territory the respect of the Covenant's provisions, by transferring certain competencies, particularly jurisdictional, to the Polisario Front in the Tindouf refugee camps. Alkarama highlighted this issue in its report, notably the case of Ahmed Khalil Mahmoud Braih, a high-ranking Polisario official kidnapped and secretly detained by Algerian authorities since January 2009, whose family, having had no news since, is deprived of any recourse before Algerian courts due to their status as Sahrawi refugees.

The experts thus requested the state to ensure the freedom and security of individuals and access to its courts for everyone on its territory, including in the Tindouf camps.

Persistent Practice of Arbitrary Detention

The Committee raised an important case of arbitrary detention submitted by Alkarama: that of Djameleddine Laskri, sentenced to death following an unfair trial and arbitrarily detained for 26 years. The Committee expressed concern that the authorities had taken no measures to release him despite repeated requests from other UN bodies and demanded his unconditional release.

The experts also drew the Algerian delegation's attention to certain provisions of Algerian law that facilitate these arbitrary detentions, notably the anti-terrorism law, and the absence of fundamental safeguards in the code of criminal procedure. They requested the state to limit pre-trial detention to 48 hours in all cases and ensure free and confidential access to a lawyer for all detainees.

Additionally, the Committee expressed concern about the acceptance of confessions obtained under torture in criminal proceedings by judges, despite their obligation to reject any statement obtained under duress. The Committee thus asked the state to "guarantee the prohibition of forced confessions and declare the inadmissibility of evidence tainted by torture in all courts."

Serious Obstructions to Exercising Fundamental Rights

The Committee expressed deep concern over the numerous restrictions imposed by Organic Law No. 12-05, which regulates the exercise of the right to information and freedom of the press. It reiterated "its concerns regarding Articles 96, 144, 144 bis, 144 bis 2, 146, 296, and 298 of the Penal Code, which continue to criminalise or make punishable by fines activities related to the exercise of freedom of expression, such as defamation or insulting state officials or institutions." During the review, Committee members specifically highlighted the cases of Hassan Bouras, Mohamed Tamalt, and Merzoug Touati. The Committee thus requested the state to revise all these provisions to ensure respect for freedom of expression, release all individuals convicted on this basis, and provide them with full reparations.

The experts also noted that Article 46 of the Charter creates a climate of self-censorship and called on the state to repeal this provision, which "undermines freedom of expression and the right of everyone to have access to an effective remedy against human rights violations, both nationally and internationally." They added that freedom of expression is also restricted by the use of Article 87 bis of the Penal Code, which criminalises the advocacy of terrorism, pointing out that this provision also criminalises acts related to freedom of opinion, expression, and peaceful assembly.

While the Committee noted the lifting of the state of emergency, it observed that this measure had not had a positive effect on the right to peaceful assembly in practice. The experts affirmed that not only does Law No. 91-19 of 2 December 1991 on public meetings and demonstrations contain many restrictions, but also that the unpublished decree of 18 June 2001, imposing a ban on demonstrations in the capital, was in fact being applied nationwide. Moreover, the Committee expressed concern about cases of police brutality and prosecutions against demonstrators.

The Committee thus requested the state to revise Law No. 91-19 to remove all undue restrictions on peaceful demonstrations, repeal the decree of 18 June 2001, and ensure that demonstrators are not subjected to excessive use of force or prosecutions.

Finally, the Committee noted the numerous restrictions on the freedom of association. On one hand, Law No. 12-06 of 12 January 2012 on associations contains, according to the experts, "restrictive provisions" that "subject the object and purpose of associations to vague and imprecise general principles." On the other hand, the administration's refusal to register independent associations and unions demonstrates the executive's control in this area. The Committee thus requested the authorities to revise the 2012 law on associations and allow independent associations and unions to form and operate without executive interference.

Lack of Independence of the Judiciary and the National Human Rights Council

The Committee expressed concern over "the lack of guarantees for the independence of the judiciary and the prominent role of the executive in its organisation," notably because the Supreme Judicial Council remains under the control of the President of the Republic. The experts thus urged the authorities to "ensure the independent appointment of judges and prosecutors based on objective and transparent criteria assessing the candidates' qualities, in accordance with requirements of aptitude, competence, and respectability."

Lastly, the Committee noted the recent decision of the sub-committee of the Global Alliance of National Human Rights Institutions (GANHRI) not to recognise the National Human Rights Council (CNDH) as independent by granting it a B status. The experts echoed the concerns of the Accreditation Sub-Committee, requesting the state to ensure the real independence of CNDH members from the government.

Next Steps

The implementation of the Human Rights Committee's recommendations by Algeria will need to be closely monitored by national and international civil society members. To this end, the Committee requested the authorities to ensure wide dissemination of its conclusions and recommendations to raise awareness among judicial, legislative, and administrative authorities, civil society, non-governmental organisations, and the general public.

It should be noted that the Committee requested the state to inform it within one year about the measures taken regarding three issues it deemed priority: the right to truth and justice for the families of the disappeared, the treatment of refugees, asylum seekers, and migrants, and the right to peaceful assembly. For the other recommendations, the state must submit a report on the progress made in each area within four years