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Publication
of a report
on international judicial observation missions
Paris,
Geneva, 5 July 2002 - Since
the interruption in 1992 of the electoral process followed by
an institutional and political crisis, the Algerian population
has been confronted with growing terrorism and an increase in
repression by military and paramilitary forces. Both sides have
resorted to murderous attacks and "quick strike" operations,
in an attempt tip the scales in their favour. Paramilitary militia,
armed by the State and often operating under the orders of regular
forces or working alongside them, have taken part in the fight
against terrorism in the name of "self defence", as
did Fergane, the mayor of Relizane and head of a militia group.
Violations perpetrated by these groups have fuelled a spiral
of violence which they had originally set out to fight against.
To date, as a result of this conflict, 200 000 people have died,
over 7 200 people are missing, and there have been several thousand
extra-judicial executions.
In a great
many cases, the authorities have not carried out investigations
which have been requested by the families of the victims, their
lawyers and Human Rights Defenders, thereby ensuring the impunity
of security forces and militia groups involved in massive violations
of Human Rights.
In this
context, Human Rights Defenders have been one of the main targets
of repression since the 1990's. Over the past two years, repression
has become an institution and has gained "legal" status
by means of the judicial system. Over a period of 18 months,
more than twenty complaints have been filed against militants
and the Observatory has followed three court cases dealing with
indictment of Defenders of Human Rights which have led to prison
sentences. Alongside this, "traditional" repression
has continued: harassment, persecution, putting pressure on
and terrorizing close family and friends, defamation campaigns,
cutting telephone lines, attacks, confiscation of identity papers,
police surveillance…
This report
draws particular attention to three recent procedures carried
out against Human Rights Defenders, which are a perfect example
of their arbitrary nature. Their aim is to sanction activists
who are working on the issue of forced disappearance in Algeria,
on the fight against impunity and for the defence of economic
and social rights of the population.
Mohammed
Smaïn, head of the Relizane section of the LADDH (Algerian
League for the Defence of Human Rights), was arrested in February
2001 after a visit to France where he was carrying out a informative
mission on violations of Human Rights in Algeria and, in particular,
on a file concerning missing persons of Relizane and Oran. Fergane,
head of a militia group in Relizane, brought proceedings against
him on charges of defamation. In January 2002 he was sentenced
to two months imprisonment, followed by one year's imprisonment
and a fine of 210 000 dinars after his appeal. He has since
then appealed to the Supreme Court.
Mr. Larbi
Tahar, a member of the LADDH, was arrested during peaceful demonstrations
that took place on 4 and 5 October 2001 at Labiod Sid Echikh
and was later sentenced to seven months imprisonment and a fine
of 5 000 dinars after his appeal on a charge of "encouraging
illegal gatherings, resisting the forces of law and order, and
destruction of personal property". Mr. Tahar is currently
in prison.
Mr.Abderahmane
Khelil, a member of the Comité SOS-Disparus (SOS Committee
on Missing Persons) of the LADDH was first arrested in March
and then in May 2002. Imprisoned in relation to investigations
he had carried out regarding the arrest of several students
from the University of Bouzaréah (Algiers) and charged
with "encouraging non-armed gatherings", he was given
a suspended 6-month prison sentence.
These cases
reveal how obstacles are systematically placed in the way of
all those who ask for light to be shed on the issue of missing
persons and for justice. The latest example is the following:
on Wednesday 3 July 2002, families of missing persons were not
allowed to hold their weekly gathering in front of the headquarters
of the Advisory Commission for the Defence and Promotion of
Human Rights in Algiers. Demonstrators were violently dispersed
and a great many women were wounded by truncheons.
All of these
acts are contradictory to the provisions set out in the International
Covenant on Civil and Political Rights ratified by Algeria and
to the UN Declaration on Human Rights Defenders which guarantee,
in particular, freedom of opinion, of expression, freedom to
gather, to create associations and the right to be tried equitably.
The Observatory
is passing on this report to the Special Representative of the
Secretary General of the United Nations on Human Rights Defenders,
Mrs. Hina Jilani, and to the Special Rapporteur of the United
Nations Commission on the independence of judges and lawyers,
Mr. Dato'Param Cumaraswamy.
Contact
names and telephone numbers:
· FIDH Driss El Yazami and Juliane Falloux +33 (0) 1
43 55 28 18
· OMCT Laurence Cuny +41 22 809 49 39
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