Algerian Appeals Court must reverse sentence against Hirak poet Djamila Bentouis, say UN experts

GENEVA – The Algerian Appeals Court must overturn Hirak poet Djamila Bentouis’ prison sentence and clear her of all charges, UN experts* said today.

“We are outraged by the government’s practice, which aims to silence a political protest movement by arbitrarily arresting and detaining people who dare to stand up and speak out,” the experts said.

“We are deeply concerned about the continued detention of Ms Djamila Bentouis, the two-year prison sentence and 100,000 Algerian dinars fine pronounced on her last July over her participation in the Hirak social protest movement,” they said.

“The criminal charges against Ms. Bentouis appear directly linked to her exercising her right to freedom of expression, including artistic expression,” the experts said. “We urge the Appeals court to overturn her sentencing and clear her of all charges, which contravene international law.”

Through her patriotic poems and songs, Bentouis participated in the Hirak, the Algerian movement of political and socio-economic protest born in 2019, after Algerian President Abdelaziz Bouteflika's term ended. Her texts were taken up by Algerian protesters. Bentouis’ songs about the Hirak have also been widely shared on social networks. She regularly recited her poems publicly in Paris.

"When an artist speaking out on public affairs is abusively convicted on charges of deliberately spreading false or malicious news to the public that could harm security or public order, a chilling effect on the entire population is what is clearly intended,” the experts said.

They recalled that concerns about the continued repression and intimidation of individuals and associations critical of the Government, including the Hirak movement, have been raised by the mandate on freedom of peaceful assembly and association in the country visit report published in September 2023, which also included specific recommendations to drop charges and pardon those convicted for the exercise of their legitimate rights.

They also expressed concern about the initial charges brought against Bentouis of undermining the integrity and security of the state and belonging to a terrorist entity.

“The prosecution of Ms. Bentouis for terrorism under Article 87 bis and other national security offences in the Penal Code may undermine freedom of expression and association in Algeria more broadly. It could particularly affect the artistic and cultural sectors, Algerians living abroad, and civic space as a whole,” they said.

"We very much hope that Algeria will abide by its international obligations to guarantee the right to freedom of expression in the country when Ms. Bentouis’ appeal is decided before the Algiers Judicial Council on October 2,” they said.

The experts have communicated with the Government of Algeria on the issue and are awaiting a response.