Welcome to the United Nations 
OHCHR 
Press releases Treaty bodies
HUMAN RIGHTS COMMITTEE CONTINUES TO REVIEW ALGERIA'S CIVIL AND POLITICAL RIGHTS
20 July 1998
Share
AFTERNOON HR/CT/98/15
20 July 1998
The Committee on Human Rights this afternoon continued its consideration of a report by the Government of Algeria on the situation of civil and political rights in that country.
The Algerian delegation, responding to numerous questions raised by Committee members, said that the Algerian press was independent and free. It said that 26,536 persons, including journalists, had so far been killed by terrorist acts.
Committee members queried the delegation on issues such as arbitrary detention, state terrorism, abduction of women, forced disappearances and continued acts of violence in Algeria.
The Committee will issue its oral preliminary observations and recommendations when it concludes its consideration of the report tomorrow morning. It will offer its final and written observations towards the end of its three-week session, which concludes on 31 July.
When the Committee reconvenes at 10 a.m. on Tuesday, 21 July, it will conclude its consideration of the second periodic report on civil and political rights in Algeria.
Discussion of Report
Committee members, commenting on responses by the Algerian delegation this morning, said the declaration of the officials that there was no human rights crisis in the country was contrary to the facts. The Government of Algeria was responsible not only for acts by groups which did not accept the present political system but also for action or inaction by its own officials. Any allegations of human rights abuses should be thoroughly investigated, perpetrators should be punished, and the victims should be awarded compensation.
An expert said that the existence of terrorist violence in Algeria was evident. The massive killings perpetrated by those terrorists was lamentable and painful. Besides the atrocities committed by terrorists, the Government was also exercising state terrorism. Experts said that it was reported that State agents had been perpetrating acts of terrorism similar to the non-state agents.
Another expert said that the report lacked information on female victims of terrorist acts. Women were the prime targets of the terrorist group and they were also abducted for the purpose of "temporary marriages". Many women were raped and those who became pregnant as a result were abandoned. The delegation was asked if the Government had a special mechanism to protect Algerian women.
A question was asked concerning forced disappearances. What was the real result of the investigation carried out regarding disappeared persons? Detailed information should be provided about the identity of the victims, the experts said. Out of the 49 cases of disappearances submitted to the Government by the United Nations’ Working Group on Disappearances, only 27 cases were answered; what happened to the rest? The failure to fully reply to those inquiries could endanger the rule of law in the country, the expert said.
An expert asked if there was a legal requirement that an arrested person should have the assistance of a lawyer. Were the person’s relatives informed about his or her arrest and place of detention? Some sources had indicated that when persons were arrested and taken away, no one knew what happened to them afterwards.
The Government of Algeria was fully responsible for the widespread phenomenon of involuntary disappearances, another expert said. Acts of violence committed under the jurisdiction of the Government should be investigated and the perpetrators should be punished. With regards to the death penalty, there were allegations that some individuals sentenced to capital punishment either died while in prison under unknown circumstances or were executed in a summary manner without exhausting their recourse.
A Committee member asked a question on the composition of the National Observatory on Human Rights and its role in comparison to the National Commission of Human Rights. Another expert said that it was alarming to know that civilians appeared before military courts.
In response to numerous queries raised by Committee members during the debate this morning and this afternoon, the Algerian delegation said that a positive political development was taking place in the country. The present report submitted to the Committee had widely reflected the state of law and the human rights statutes within the country. The results of the Committee's recommendations of 1992 were also included in the report. In order to separate allegations from facts, the Government had been engaged in providing prompt answers to any complaints presented to it.
So far, 26,536 persons had been killed by terrorist acts, the delegation said. The Government had the duty to protect its population. The use of violence in response to violence was not in line with the policy of the Government. Most of the acts of terrorism were committed by the "Islamic Armed Group".
The delegation said that terrorism as defined in the Algerian penal code covered a variety of acts ranging from insulting national symbols to attacking the security of the State. In general, any offensive or violent act in an organized manner was considered as terrorism according to the criminal code of Algeria. The Government was fighting terrorism with the aid of international institutions such as Interpol.
With regards to collective killing cases, the delegation said that in all cases, judicial investigations had been carried out and in three incidents the perpetrators had been identified and had been brought before the courts. Their cases were still pending. All trials, be they of terrorists or of common law criminals, had been held in public. The criminal judicial system of Algeria did not contain a criminal appeal regime.
Under the Algerian judiciary, any confession obtained under torture was not taken into account, the delegation said, adding that complaints lodged concerning this were investigated thoroughly. As to registration of detainees, the delegation said that all detainees were registered and it was prohibited to detain anyone without notifying the competent magistrate.
As to the state of emergency, the delegation said that in 1992, the law was promulgated before it was renewed in 1993. The decree was declared in very special and difficult circumstances. It was aimed to establish state security and to maintain public order. The Ministry of Interior had imposed a curfew and had arrested persons believed to be threats to State security. Around 8,891 had been put under surveillance. The curfew had not been lifted and the state of emergency would be lifted as soon as the situation permitted so. However, Algeria had come out of the old stagnation and marasma and the situation was not the same as in 1992 when the state of emergency was declared.
Concerning the legitimate defence groups, the delegation said that they complimented the efforts of security forces. The groups were formed following the massacres which took places in many remote areas. During the massacres, people had been calling for help but unfortunately, the atrocities were perpetrated by terrorists in the darkness, far away from the immediate reach of security forces. The attackers aimed to kill whole villages, including children, the elderly and pregnant women. In many cases, the security forces had intervened at the peril of their lives. The Algerian people had been taken hostage by an ideology of death-burying and fanatics. The perpetrators of the atrocities received assistance from outside the country.
The Algerian Government was building real peace through clemency and reconciliation, the delegation affirmed. The families of terrorists were also taken care of by the social services of the Government. The authorities believed that all Algerians were the same and there was no grudges held nor retaliation against families of terrorists.
Regarding relations with non-governmental organizations, the delegation deplored the politically motivated attitudes of some international NGOs. The allegations presented by them were not documented and were not based on reliable sources. On the other hand, the Government of Algeria had continued to maintain a good relationship with the International Committee of the Red Cross (ICRC). During its 40 years presence in Algeria, the ICRC had visited prisons and other detention areas.
The Algerian delegation affirmed that the Algerian press was independent and free. There were 20 daily newspapers and 40 weekly periodic and special issues. Since January this year, about 500 foreign journalists had visited Algeria and freely travelled without any obstacles.
20 July 1998
The Committee on Human Rights this afternoon continued its consideration of a report by the Government of Algeria on the situation of civil and political rights in that country.
The Algerian delegation, responding to numerous questions raised by Committee members, said that the Algerian press was independent and free. It said that 26,536 persons, including journalists, had so far been killed by terrorist acts.
Committee members queried the delegation on issues such as arbitrary detention, state terrorism, abduction of women, forced disappearances and continued acts of violence in Algeria.
The Committee will issue its oral preliminary observations and recommendations when it concludes its consideration of the report tomorrow morning. It will offer its final and written observations towards the end of its three-week session, which concludes on 31 July.
When the Committee reconvenes at 10 a.m. on Tuesday, 21 July, it will conclude its consideration of the second periodic report on civil and political rights in Algeria.
Discussion of Report
Committee members, commenting on responses by the Algerian delegation this morning, said the declaration of the officials that there was no human rights crisis in the country was contrary to the facts. The Government of Algeria was responsible not only for acts by groups which did not accept the present political system but also for action or inaction by its own officials. Any allegations of human rights abuses should be thoroughly investigated, perpetrators should be punished, and the victims should be awarded compensation.
An expert said that the existence of terrorist violence in Algeria was evident. The massive killings perpetrated by those terrorists was lamentable and painful. Besides the atrocities committed by terrorists, the Government was also exercising state terrorism. Experts said that it was reported that State agents had been perpetrating acts of terrorism similar to the non-state agents.
Another expert said that the report lacked information on female victims of terrorist acts. Women were the prime targets of the terrorist group and they were also abducted for the purpose of "temporary marriages". Many women were raped and those who became pregnant as a result were abandoned. The delegation was asked if the Government had a special mechanism to protect Algerian women.
A question was asked concerning forced disappearances. What was the real result of the investigation carried out regarding disappeared persons? Detailed information should be provided about the identity of the victims, the experts said. Out of the 49 cases of disappearances submitted to the Government by the United Nations’ Working Group on Disappearances, only 27 cases were answered; what happened to the rest? The failure to fully reply to those inquiries could endanger the rule of law in the country, the expert said.
An expert asked if there was a legal requirement that an arrested person should have the assistance of a lawyer. Were the person’s relatives informed about his or her arrest and place of detention? Some sources had indicated that when persons were arrested and taken away, no one knew what happened to them afterwards.
The Government of Algeria was fully responsible for the widespread phenomenon of involuntary disappearances, another expert said. Acts of violence committed under the jurisdiction of the Government should be investigated and the perpetrators should be punished. With regards to the death penalty, there were allegations that some individuals sentenced to capital punishment either died while in prison under unknown circumstances or were executed in a summary manner without exhausting their recourse.
A Committee member asked a question on the composition of the National Observatory on Human Rights and its role in comparison to the National Commission of Human Rights. Another expert said that it was alarming to know that civilians appeared before military courts.
In response to numerous queries raised by Committee members during the debate this morning and this afternoon, the Algerian delegation said that a positive political development was taking place in the country. The present report submitted to the Committee had widely reflected the state of law and the human rights statutes within the country. The results of the Committee's recommendations of 1992 were also included in the report. In order to separate allegations from facts, the Government had been engaged in providing prompt answers to any complaints presented to it.
So far, 26,536 persons had been killed by terrorist acts, the delegation said. The Government had the duty to protect its population. The use of violence in response to violence was not in line with the policy of the Government. Most of the acts of terrorism were committed by the "Islamic Armed Group".
The delegation said that terrorism as defined in the Algerian penal code covered a variety of acts ranging from insulting national symbols to attacking the security of the State. In general, any offensive or violent act in an organized manner was considered as terrorism according to the criminal code of Algeria. The Government was fighting terrorism with the aid of international institutions such as Interpol.
With regards to collective killing cases, the delegation said that in all cases, judicial investigations had been carried out and in three incidents the perpetrators had been identified and had been brought before the courts. Their cases were still pending. All trials, be they of terrorists or of common law criminals, had been held in public. The criminal judicial system of Algeria did not contain a criminal appeal regime.
Under the Algerian judiciary, any confession obtained under torture was not taken into account, the delegation said, adding that complaints lodged concerning this were investigated thoroughly. As to registration of detainees, the delegation said that all detainees were registered and it was prohibited to detain anyone without notifying the competent magistrate.
As to the state of emergency, the delegation said that in 1992, the law was promulgated before it was renewed in 1993. The decree was declared in very special and difficult circumstances. It was aimed to establish state security and to maintain public order. The Ministry of Interior had imposed a curfew and had arrested persons believed to be threats to State security. Around 8,891 had been put under surveillance. The curfew had not been lifted and the state of emergency would be lifted as soon as the situation permitted so. However, Algeria had come out of the old stagnation and marasma and the situation was not the same as in 1992 when the state of emergency was declared.
Concerning the legitimate defence groups, the delegation said that they complimented the efforts of security forces. The groups were formed following the massacres which took places in many remote areas. During the massacres, people had been calling for help but unfortunately, the atrocities were perpetrated by terrorists in the darkness, far away from the immediate reach of security forces. The attackers aimed to kill whole villages, including children, the elderly and pregnant women. In many cases, the security forces had intervened at the peril of their lives. The Algerian people had been taken hostage by an ideology of death-burying and fanatics. The perpetrators of the atrocities received assistance from outside the country.
The Algerian Government was building real peace through clemency and reconciliation, the delegation affirmed. The families of terrorists were also taken care of by the social services of the Government. The authorities believed that all Algerians were the same and there was no grudges held nor retaliation against families of terrorists.
Regarding relations with non-governmental organizations, the delegation deplored the politically motivated attitudes of some international NGOs. The allegations presented by them were not documented and were not based on reliable sources. On the other hand, the Government of Algeria had continued to maintain a good relationship with the International Committee of the Red Cross (ICRC). During its 40 years presence in Algeria, the ICRC had visited prisons and other detention areas.
The Algerian delegation affirmed that the Algerian press was independent and free. There were 20 daily newspapers and 40 weekly periodic and special issues. Since January this year, about 500 foreign journalists had visited Algeria and freely travelled without any obstacles.