Observatory for the Protection of Human Rights Defenders Annual Report 2005 - Algeria

Continued harassment of families of the disappeared and their defenders¹

Arbitrary arrest and judicial proceedings against Mr. Mouloud Arab

On 14 September 2005, Mr. Mouloud Arab, father of a disappeared, was arrested in front of the National Consultative Commission for the Promotion and Protection of Human Rights (Commission nationale consultative pour la promotion et la protection des droits de l'Homme – CNCPPDH) headquarters in Algiers, where he was attending the weekly rally organised by SOS Disappeared (SOS-Disparu(e)s) and distributing leaflets denouncing the situation of the families of the disappeared. Mr. Arab was put in police custody and released several hours later; in addition, his identity papers were confiscated and he could only retrieve them on the next day.

On 17 September 2005, Mr. Arab was brought before the Algiers Public Prosecutor's department for violating Article 96 of the Algerian Criminal Code, which prohibits the "distribution of leaflets posing a possible threat to national interests". Given his age, Mr. Arab was not detained but put on probation with an obligation to report to the police station every Wednesday until his case would fully be investigated.

On 25 September 2005, Mr. Arab appeared before the Algiers examining magistrate. The hearing was then scheduled for 28 September 2005, when Mr. Arab's lawyer asked for the hearing to be postponed based on medical grounds. The next hearing was scheduled for 13 February 2006.

Harassment of SOS-Disappeared members

In the framework of the official campaign on the Draft Charter for Peace and National Reconciliation, which was to be submitted to referendum on 29 September 2005, Mrs. Fatima Yous, president of SOS-Disappeared, received several anonymous calls on her cell phone in September 2005. Unknown individuals notably urged her to leave Algerian territory without delay if she wanted to protect the families of the disappeared, her staff members as well as the association headquarters in Algiers.

Similarly, Mr. Hacène Ferhati, SOS-Disappeared treasurer, was subjected to anonymous harassment on his cell phone from 15 to 30 September 2005.

Lastly, on 17 and 18 September 2005, three police officers in plainclothes arrived at the office of Mrs. Fatima Nekrouf, president of the SOS-Disappeared section in Oran, and fully searched the premises without presenting a due warrant nor any official police ID. They further questioned Mrs. Nekrouf about her activities within the association. In addition, she was subjected to death threats on the phone on several occasions during the same period.

Ill-treatment and arbitrary arrests of families of the disappeared – Constantine

On 22 September 2005, several members of families of disappeared were beaten up and arrested by the police in front of the Ramdane Ben Abdelmalek stadium in Constantine, where Mr. Bouteflika, President of the Republic of Algeria, was holding a rally promoting the Draft Charter for Peace and National Reconciliation. These families, along with several members of the Constantine Association for the Families of the Disappeared (Association des familles de disparus de Constantine – AFDC), a member organisation of the National Coordination of the Families of the Disappeared (Coordination nationale des familles de disparus – CNFD), had gathered in front of the stadium to request an interview with the President about the situation of their disappeared relatives. The police forces, however, prevented them from entering the stadium before severely beating them. Several persons were further arrested and taken to the central police station where they were questioned, including Mr. Rabah Benlatrèche, CNFD chairman and spokesperson, and Mrs. Louisa

Naïma Saker, AFDC secretary general, along with five other mothers of disappeared aged 60 to 75. All these persons were released without charges after an hour in custody.

Intimidation of the families of the disappeared and their defenders – Relizane²

Continued harassment of Mr. Mohamed Smaïn

In 2001, Mr. Mohamed Smaïn, chairman of the Relizane section of the Algerian League for the Defence of Human Rights (Ligue algérienne de défense des droits de l'Homme – LADDH), had been prosecuted for "defamation, calumny and reporting fictitious crimes" following a complaint filed by Mr. Mohamed Ferghane, former head of the Relizane militia, and eight other militiamen, after Mr. Smaïn had notified the Algerian press of the exhumation of a mass grave by the gendarmerie.

On 24 February 2002, Mr. Smaïn had been sentenced on appeal to one year in prison and a fine of 5,000 dinars (54 euros), and ordered to pay 30,000 dinars (320 euros) in damages to each of the plaintiffs.

By the end of 2005, Mr. Smaïn's appeal against this judgement was still pending with the Supreme Court of Appeal.

In addition, Mr. Smaïn was subjected to numerous arbitrary actions in the course of 2005. His travel documents, driver license, national identity card, as well as the local council card (fiche communale) acknowledging his involvement in the fight for the liberation of Algeria, were notably confiscated by the authorities. By the end of 2005, his local council card had still not been returned, in spite of the decision in his favour rendered by the National Appeals Commission (Commission nationale de recours) and the numerous referrals he addressed to the President of the Republic.

Repression of a peaceful demonstration

On 26 October 2005, the weekly rally organised by the families of the disappeared in Relizane was forcibly dispersed by the police forces. Mrs. Fatima Ali, a 65-year-old wife and mother of two disappeared, was unable to go to work for five days following the violence she was subjected to during the demonstration. Mr. Medhi Boubkeur, aged 72, was also severely beaten. Mrs. Ali, Mr. Boubkeur and 13 other relatives of disappeared were further called in for questioning and kept in police custody for several hours before being released. Mr. Wahab Beskri, the Relizane police superintendent, warned them against any further attempt to organise similar events.

Judicial proceedings against Mr. Belkacem Rachedi

On 17 January 2004, Mr. Mohamed Benguerroudje had lodged a complaint for "insults and threats" against Mr. Belkacem Rachedi, the son of a disappeared allegedly abducted by Mr. Benguerroudje. Mr. Rachedi had appeared before the Relizane High Court (Tribunal de grande instance) on 24 September 2004 and had then been sentenced to a suspended six-month prison term. The appeal was heard on 19 November 2005.

On 7 November 2005, Mr. Rachedi was once again called in for questioning and taken to the Relizane Court headquarters by agents of the court's police department, following a summons order issued by the examining magistrate. He was then indicted for "insults and defamation" following a complaint lodged by Mr. Mohamed Ferghane, also allegedly involved in his father's abduction. Mr. Rachedi was released on remand the same day.

By the end of 2005, no official investigation into this matter had been opened.

Judicial proceedings and acts of harassment against LADDH members³

Continued judicial harassment of Mr. Ghoul Hafnaoui

In 2004, Mr. Ghoul Hafnaoui, a journalist and chairman of the LADDH section in Djelfa, had been in all sentenced to eleven months of imprisonment and a total amount of 2,262,000 dinars (24,330 euros) fines and damages, following several complaints lodged by the Wali (Prefect) of Djelfa and his supporters in the framework of four cases for "defamation", "insulting State authorities" and "illegally removing a document from prison".

Mr. Hafnaoui had been placed in detention on 24 May 2004 and released on 25 November 2004, after the criminal chamber of the Ouragna Court of Appeal had approved his request of parole. Mr. Hafnaoui had then referred to the Supreme Court of Appeal.

By the end of 2005, the four proceedings were still pending.

Release of Messrs. Tahar Larbi and Ahmed Hafnaoui

On 5 February 2005, Mr. Tahar Larbi, president of the LADDH branch in Labiodh Sidi Cheik (El Bayadh region), was released from prison after serving his term.

Mr. Tahar Larbi had been arrested on 4 June 2004 in Ouargla along with Mr. Slimane Tahri, a member of the LADDH Labiodh Sidi Cheik section, in a wave of arrests that also targeted seven members of the South Movement for Justice (Mouvement du Sud pour la justice – MSJ). On 25 October 2004, the Ouargla Court had sentenced Mr. Larbi to eight months in prison for "operating within an unregistered association" and "distributing leaflets posing a possible threat to the national interests".

Moreover, Mr. Ahmed Hafnaoui, a MSJ member and brother of Mr. Ghoul Hafnaoui (who had been accused then discharged in this matter), had been directly summoned to appear during the 25 October 2004 hearing. He had then been charged, convicted, given a six-month prison sentence and placed in detention immediately after the verdict. Mr. Ahmed Hafnaoui was released on 10 April 2005 after serving his prison term.

In addition, Mr. Larbi and five of his relatives had been placed in custody at Labiodh Sidi Cheikh prison on 5 October 2003, after participating in a peaceful demonstration in support of the Independent National Union of Civil Servants (Syndicat national autonome des personnels de l'administration publique – SNAPAP) in September 2003. On 3 November 2003, Mr. Larbi had been brutally beaten by the prison director and his guards.

As of the end of 2005, the complaint for ill-treatment filed on 9 November 2003 by LADDH was still pending with the Public Prosecutor of the Saida Court.

On 24 November 2003, Mr. Larbi and his five family members had further been condemned to a three months' suspended prison sentence by the El Bayadh court. They had all been released after the trial and appealed against the verdict. In late 2005, the case was still pending.

Conviction and release of five members of the LADDH section in Ghardaia

On 14 October 2004, a warrant had been issued for the arrest of Messrs. Mohamed Djelmani, Mohamed Oubaya, Ahmed Djeädi and Hamou Mesbah, members of the LADDH section in Ghardaia, after the LADDH section had proposed to act as a mediator between the city's shopkeepers and the police forces. Although officially wanted, they did not receive any formal summons.

On 26 February 2005, Messrs. Djelmani, Oubaya, Djeädi and Mesbah freely gave themselves up to the police on the eve of the beginning of their trial. On 12 March 2005, all four were sentenced to a year suspended prison term by the Ghardaia Court on charges of "unlawful gathering and incitement to unlawful gathering", "obstruction of public thoroughfare" and "destruction of public property". They were released on the next day.

Mr. Kamel Fekhar, another member of the LADDH Ghardaia branch and national secretary in charge of association within the Socialist Forces Front (Front des forces socialistes – FFS, opposition party), had been arrested on 31 October 2004 and detained on remand until he was tried for the same charges along with Messrs. Djelmani, Oubaya, Djeädi and Mesbah, on 12 March 2005. Mr. Fekhar was condemned to five months in prison and was released on 5 April 2005 after serving his term.

Continued obstacles to the freedom of assembly of the LADDH section in Tizi Ouzou

In the framework of the official campaign promoting the Draft Charter for Peace and National Reconciliation, the LADDH section in Tizi Ouzou scheduled a conference on the topic for 27 August 2005. However, local authorities refused to let them use the communal hall of Illiten (Tizi Ouzou) on the ground that "the hall was strictly reserved for those supporting the Draft Charter".

In December 2004, this LADDH section had already been forced to cancel a conference organised as part of the celebration of the International Human Rights Day due to similar administrative interference.

Judicial proceedings against Mr. Abderrahmane Khelil

On 20 May 2002, Mr. Abderrahmane Khelil, head of the SOS-Disappeared Committee (Comité SOS-Disparus) and a LADDH member, had been arrested following a visit he had made to the University of Bouzaréah to investigate into the arrests of students during protest movements earlier that month. He had been detained in the El Harrache prison in extremely precarious conditions, and received a six-month suspended prison sentence on 26 May 2002 for "encouraging unarmed assembly". Mr. Khelil appealed against this decision.

At the end of 2005, the proceedings were still pending.

Continued harassment of SNAPAP members⁴

Seven board members of the Independent National Union of Civil Servants (SNAPAP) office in Oran had been arrested and suspended from their functions on the order of the Wali of Oran in March 2002, following a hunger strike they had started in protest against the closure of the SNAPAP office in Oran. In October 2002, they had been given a three-month suspended prison sentence and a 5,000 dinars (54 euros) fine. In January 2003, this verdict had been commuted on appeal to a 5,000 dinars fine, but the administration had maintained their suspension. In November 2005, these seven unionists were finally reinstated in their functions.

Moreover, in November 2004, the Algiers Court of First Instance had condemned Mr. Rachid Malaoui, SNAPAP secretary general, to a suspended prison sentence of one year and a 5,000 dinars fine for "defamation", following a complaint filed by the secretary general of the Algerian General Workers' Union (Union générale des travailleurs algériens – UGTA, pro-governmental union) for facts dating back to 2001. At that time, Mr. Malaoui had publicly criticised the UGTA takeover of the union scene and denounced the repeated attacks on independent trade unions. Mr. Malaoui, who was not in court when the verdict was handed down, had appealed against this decision. By the end of 2005, the proceedings were still pending.

Lastly, in December 2003 and May 2004, former SNAPAP members, backed by the Ministry of Labour, had held a congress to establish another union, wearing the same name. In June 2004, the "genuine" SNAPAP had pressed charges for "usurpation" with the Algiers First Instance Court. A hearing was scheduled for 9 February 2005, but was then postponed sine die, and no date was scheduled by the end of 2005.

1. See Annual Report 2004 and Press Release, 23 September 2005.

2. See Annual Report 2004.

3. Idem.

4. Idem.