COMMITTEE AGAINST TORTURE BEGINS REVIEW OF REPORT OF ALGERIA
The Committee against Torture this morning began its consideration of the third periodic report of Algeria on the efforts of that country to give effect to the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Introducing the report, Idriss Jazaïry, Ambassador and Permanent Representative of Algeria to the United Nations Office at Geneva, said that Algeria’s last report had been submitted in very difficult circumstances, which had been characterised by a peak in terrorist crimes. Those that had remained silent at that time bore much responsibility for the loss of lives as well as the resulting severe damage to the national cohesion of the country. Since the 11 September attacks, the international community had become more aware of such problems as it now also faced terrorism. Algeria had been able to put an end to terrorism. It had been a fight to save the nation. There were presently still some who were trying to destabilise the situation. Algeria had used all legal resources to combat terrorism. The right to life was above all considerations.
Mr. Jazaïry underlined that torture could not be tolerated. Civil society, the media and the International Committee of the Red Cross regularly visited places of detention in Algeria. On the alleged existence of secret detention centres, these only existed in the imagination of those who were telling those lies. There was little credibility to these allegations. The quest for human rights was ongoing and permanent in Algeria. Thus, whenever a documented case of torture was brought before the courts, the culprits were severely sanctioned.
Serving as Rapporteur for the report of Algeria, Committee Expert Claudio Grossman said that international law provided, in a valid way, for a country to declare a state of national emergency if it was under a serious imminent threat, which was not speculative in nature. States had very powerful methods for protecting themselves. He asked if these standards were still met in Algeria. On the offence of public criticism of the conduct of security forces, what happened if a woman in Algeria said that her husband had disappeared and she would like to have an investigation, would that lead to an arrest and detention for up to ten years because of criticism? Enforced disappearances required thorough scrutiny. According to the Algerian Minister of Interior, there were more than 4,884 cases of disappeared persons. The national human rights body used a figure of 6,146 disappeared persons. He asked if these lists were publicly accessible and if they could be made available to the Committee?
On the agents of the Department for Information and Security, Mr. Grossman wondered whether there were concrete, specific cases where agents of the Department had been convicted of torture. Had the Department ever taken custody of detainees who had been arrested by other agencies like the gendarmerie? Who authorized and conducted such transfers? Were there any statistics about groups or individuals that had complained about torture by agents of the Department for Information and Security? How many complaints had led to investigations and convictions? Had disciplinary measures been taken against these agents?
Essadia Belmir, the Committee Expert serving as Co-Rapporteur for the report of Algeria, said that in one of its written answers to the Committee, the State party had noted that the charter for national reconciliation was a political document and should therefore not be commented on by a legal body. She wondered if it could be said that treaty bodies were purely legal bodies. These texts were political but had legal provisions. Also, centres had been set up to register complaints of disappearances, yet no reports had been published. Public opinion should have an idea of the work of the commission that had been set up to investigate this situation. Families had a right to know what had happened to their relatives. The question of sovereignty of the State could not be put on the same level as the right to life. The right to know the truth required that these reports be made public. The truth had to come out in order to clarify the situation.
Other issues of concern raised by Experts included the visit by the Special Rapporteur on violence against women to Algeria. She had spoken about a lack of sufficient institutional response against the prevalence of the problem. What had been done to implement her recommendations? Further, there had been allegations of existing barracks, non-registered places near Algiers, where people could be detained and interrogated. Was there any control of any practice of this nature? The state of emergency was completely impractical when used for too long and it was incompatible with the rule of law. Was there an idea of when the state of emergency could be abolished? Algeria had to move out of this situation so that the people could have a normal running state. An Expert further underscored that detainees had three rights: the right to a doctor, the right to a lawyer, and the right for their families to be informed of their detention.
Also representing the delegation of Algeria were members of the Ministry of Foreign Affairs, the Ministry of Justice, the Gendarmerie Nationale and the Sûreté Nationale.
The delegation will return to the Committee at 3 p.m. on Monday, 5 May 2008, to provide its responses to the questions raised today.
Algeria is among the 145 States parties to the Convention and as such it must present periodic reports to the Committee on how it is implementing the provisions of the Convention.
Towards the end of the meeting, the Committee started to consider the issue of follow-up on communications it had received on behalf of individuals who claimed to be victims of a violation by a State Party of the provisions of the Convention. When the Committee reconvenes at 3 p.m. this afternoon, it is scheduled to continue to discuss follow-up on communications received under Article 22.
Report of Algeria
The third periodic report of Algeria (CAT/C/DZA/3) notes that, at the international level, the Algerian authorities are committed to a gradual process of accession to the various international human rights instruments, as a result of which Algeria is now a signatory to all those instruments. Algeria faced many challenges upon gaining independence, related, inter alia, to the establishment of institutions and structures for a State emerging from a period of colonization, national reconstruction in all its aspects, the return of refugees, and social and psychological care for the families of victims of the war of national liberation. As was the case elsewhere, the process of change was not without problems. The building of a modern, democratic State with a transparent public administration was hampered by internal obstacles related to the single-party culture and economic and social constraints. The Constitution adopted by referendum in February 1989 and revised on 28 November 1996 further strengthened freedoms, political pluralism, the separation of powers and the independence of the judiciary. The presidential, legislative and local elections held in Algeria since the adoption of the new Constitution have helped to consolidate and establish democracy and the rule of law and to make the institutions concerned more representative.
Over the coming years, the Government will be implementing a national plan for the promotion and protection of the human rights guaranteed under the Constitution. The remarkable development of the press in Algeria has given a real boost to the protection of human rights. Contrary to certain media reports, no Algerian journalist has been convicted for a crime of opinion. The rare cases of journalists who have been convicted have involved trials for defamation or dissemination of false information. The process of promoting and protecting human rights has been strengthened through the establishment of a national institution called the National Advisory Commission for the Promotion and Protection of Human Rights. Since 1991, Algeria has had to confront terrorism in an atmosphere of indifference and suspicion. Efforts to combat this evil, which calls for the implementation of special measures, have always been deployed within the framework of the law and with respect for human dignity. The Algerian Criminal Code makes provision for and punishes acts of torture. A new definition of torture was the subject of legislation adopted by parliament as part of a move to bring national legislation into line with the treaties and conventions ratified by Algeria. Under Algerian law, torture is a crime punishable under the Criminal Code. The teaching of human rights holds a special place in various training courses. A module on civil liberties that was taught in law faculties has been introduced in all universities, and has been updated to take account of international developments and Algeria’s accession to other instruments. “Human rights” is also a subject in its own right on the training courses in every police training school, and is taught to all units of the security forces. Whenever there have been reasonable grounds to believe that an act of torture has been committed, the judicial authorities have carried out an impartial investigation to establish the facts.
Presentation of Report
IDRISS JAZAÏRY, Ambassador and Permanent Representative of Algeria to the United Nations Office at Geneva, said that Algeria continued to work towards the protection of all human rights which were important for peace and the construction of democracy. Algeria was the signatory of seven universal human rights treaties and these international treaties were translated into domestic law. Algeria’s last report had been submitted in very difficult circumstances, which had been characterised by a peak in terrorist crimes. Those that had remained silent at that time bore much responsibility for the loss of lives as well as the resulting severe damage to the national cohesion of the country. Since the 11 September attacks, the international community had become more aware of such problems as it now also faced terrorism. Algeria had been able to put an end to terrorism. It had been a fight to save the nation. There were presently still some who were trying to destabilise the situation. Algeria had used all legal resources to combat terrorism. The right to life was above all considerations.
Brave political initiatives to put an end to the crisis and to promote tolerance had been set up. An initiative by the President gave the opportunity for those who had committed crimes to repent. Algerians were highly supportive of this positive dialogue. The President had consulted the Algerian people again in 2005 on a charter of national reconciliation aiming towards consolidating peace and stability. It was found troubling that a measure that favoured peace was being criticized, giving to terrorism another occasion to legitimise violence and crime.
Mr. Jazaïry wondered how many more victims would have been necessary to end this crisis in a more politically correct way as some had wished. Should the country have remained hostage to radicals? Should they have seen all their scientific elite and business people leaving to other countries? Should they have waited for complete chaos before taking initiatives? One had to avoid preconceived models to situations that varied enormously and Algeria had proposed an initiative to discus this issue in the Human Rights Council.
The national reconciliation process had made it possible for thousands of youth full of resentment to come back to the right path, noted Mr. Jazaïry. The Government had had to deal with the cleavages that were feeding the crisis, to break the logic of a status quo and to ensure that they had the support of all citizens. The State had had to answer to the legitimate right to live in a peaceful and flourishing State.
Mr. Jazaïry noted that Algeria had been part of the first group of countries that had been reviewed during the first session of the Universal Periodic Review. Torture could not be tolerated. Civil society, the media and the International Committee of the Red Cross regularly visited places of detentions. On the alleged existence of secret detention centres, these only existed in the imagination of those that were telling those lies. There was little credibility to these allegations.
The Committee’s recommendations made during the last review, such as adopting a definition of torture and ensuring the independence of the judiciary, had been taken into account in the framework of legislative reforms, said Mr. Jazaïry. The quest for human rights was ongoing and permanent. Torture was a matter of concern for all. Thus, whenever a documented case was brought before the courts, the culprits were severely sanctioned. The training of law enforcement and detention centre personnel was an ongoing challenge.
Questions Raised by Committee Experts
CLAUDIO GROSSMAN, the Committee Chairperson serving as Rapporteur for the Report of Algeria, wondered why Algeria had not decided to use the literal provisions of Article 1 in the context of its legislative reform. The term of “public official” had not been incorporated in the legislation that had been adopted. There was no just cause and justification to carry out terrorist activities but the fight against terrorism had to be carried out in accordance with international treaties.
On the agents of the Department for Information and Security, Mr. Grossman wondered whether there were concrete and specific cases where staff of the Department had been convicted for torture during training. Had the Department ever taken custody of detainees that had been arrested by other agencies like the gendarmerie? And who authorized and conducted such transfers? Were there any statistics about groups or individuals that had complained about torture by agents of the Department for Information and Security? How many complaints had led to investigations and convictions? Had disciplinary measures been taken against the agents?
Concerning the threat to public order, Mr. Grossman wondered whether there was any definition for this. International law allowed for a country to declare a state of national emergency if it was under a serious imminent threat, which was not speculative in nature. States had very powerful methods for protecting themselves. Were these standards still being met in Algeria.
On the charter on national reconciliation, Mr. Grossman noted that it gave the executive all powers to put this charter in practice. Were there examples of steps that had been taken to implement this charter? Algeria had decreased the age of criminal responsibility from 18 to 16. Was Algeria of the view that this satisfied international standards? What was the status of confessions obtained under torture in a judicial trial? Was it the position of Algeria that the criminal code was consistent with this provision?
Turning to self-defence groups, Mr. Grossman asked whether any training was given to them by the State to ensure that they were operating with proportionality. Did they receive any funds from the Algerian Government? Had there been any complaints against such groups for excessive use of force?
Concerning refoulement, Mr. Grossman wondered if, when people were transferred to Algeria from another State, they were immediately registered and taken into custody. Could they challenge their detention before a judicial body?
On the offence of public criticism of the conduct of security forces, Mr. Grossman wondered what happened if an woman in Algeria said that her husband had disappeared and she would like to have an investigation, would that lead to an arrest and detention for up to ten years because of criticism? Also, the criminal code allowed public prosecutors to review the register of custody of any police station. Could they also review the custody records of the Department for Information and Security? Had the prosecutors in Algeria checked the validity of the allegations of secret detention centres?
Further questions asked by Mr. Grossman included how many actual cases of torture had been opened in Algeria and how many had led to convictions? Could people that had committed terrorism benefit from a pardon?
On the decree saying that no one could initiate proceedings against someone belonging to a component of the state security system and that the judicial had to reject such accusations, it was noted that this decree did not give any timeline. Was this decree referring to acts that had happened until certain dates? Mr. Grossman underlined that according to international law, international crimes like torture and genocide could not benefit from any amnesty. What was Algeria doing to ensure that this provision was compatible with international law?
Mr. Grossman said that enforced disappearances required a thorough scrutiny. According to the Algerian Minister of Interior, there were more than 4,884 cases of disappeared persons. The national human rights body used the figure of 6,146 disappeared persons. Were these lists publicly accessible and could they be made available to the Committee?
On the compensation procedures for relatives of disappeared persons, how many relatives had benefited from it? What was the amount? It was understood that people had to request a death certificate. Was this compatible with existing international norms?
ESSADIA BELMIR, the Committee Expert serving as Co-Rapporteur for the Report of Algeria, said that in one of its written answers to the Committee, the State party had noted that the charter for national reconciliation was a political document and should therefore not be commented on by a legal body. She wondered if treaty bodies were purely legal bodies. These texts were political but had legal provisions. Also if a rule of law State was beginning with the police and if you gave strict provisions to it that were inconsistent with the average rights, one had to fear for the respect of the rule of law.
Ms. Belmir noted that centres had been put up to register complaints on disappearances, yet no report had been published. Public opinion should have an idea about the work of the Commission that had been set up to investigate this situation. Families had a right to know what had happened to their relatives. The question of sovereignty of the State could not be put on the same level as the right to life. The right to know the truth required making these reports public. The truth had to come out in order to clarify the situation.
Other Committee Experts asked questions and made comments on the visit by the Special Rapporteur on violence against women. She had spoken about a lack of sufficient institutional response against the prevalence of the problem. What had been done to implement her recommendations? It was noted that making a registry of disappeared persons was a difficult process. Nevertheless, the forced disappearances of a relative psychologically affected his or her family.
Further, there had been allegations of existing barracks, non-registered places near Algiers, were people could be detained and interrogated. Was there any control of any practice of this nature? How many courts could be appealed to by someone indicted of terrorism? Also, Algeria had accepted the provisions under Article 22, but the Committee had not received any communications yet. It was wondered whether this had been sufficiently publicized in Algeria?
Another Committee Expert noted that the core of the questions was revolving around the state of emergency from which stemmed the issues of secret places of detention and disappeared persons. The state of emergency was completely impractical when used for too long and it was incompatible with the rule of law. Was there an idea of when the state of emergency could be abolished? Algeria had to move out of this so that the people could have a normal running state.
Also, disappearances might be considered as crimes against humanity and Algeria should think about joining the International Criminal Court. It was further noted that detainees had three rights: the right to a doctor, the right to a lawyer, and the right for their families to be informed of their detention.
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