Joint Oral Statement by Human Rights Watch, the International Commission of Jurists and International Federation for Human Rights in association with Amnesty International and the International Center for Transitional Justice.
Mr. Chairperson,
In its address to this Commission, the National Consultative Commission on the Promotion and Protection of Human fughts of Algeria has outlined a proposal of a general amnesty as a step towards "national reconciliation" to be adopted by referendum in 2005.
Human Rights Watch, the lnternational Center for Transitional Justice, the lnternational Commission of Jurists and the International Federation for Human Rights are deeply concerned that such a proposal of a general amnesty may permanently deprive victims or their families of their right to truth, justice and reparation and legalize impunity for crimes against humanity and serious human rights violations and abuses committed in Algeria.
So far, little is known about the terms ofthe proposed amnesty, but official statements indicate that the law will grant exemption from prosecution to any member of an armed group, state-armed militia or the security forces for crimes, including serious human rights violations and abuses, committed in the course of the brutal internal conflict that began in Algeria in 1992. This proposal of a general amnesty comes after years of failure by the Algerian authorities to investigate such violations and abuses and to bring the suspected perpetrators to justice. In recent public statements, President Abdelaziz Bouteflika has said that 200,000 people have been killed during the conflict.
Tens of thousands are civilian men, women, and children who were killed in violent attacks. Thousands bave been tortured in detention. Thousands more have "disappeared" after arrest by the security forces or have been abducted by armed groups and summarily executed by them. Various special procedures of the Cornmission on Human rights, including the Working Group on Enforced Disappearances, the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions and the Special Rapporteur on Torture have reported on such violations and abuses, some of which amount to crimes against humanity.
In this context, a general amnesty would leave the legacy of the past unresolved and might permanently undermine future prospects for full human rights protection. It would prevent the truth about the crimes of the past from ever emerging in Algerian courts, and thus impede any chances of ensuring that justice and accountability become part of a transition to peace.
The amnesty would also sanction the lack of investigations into thousands of "disappearances". At the end of March a state-appointed commission on "disappearances", submitted a report and recommendations to President Abdelaziz Bouteflika. This report has not been made public.
According to media reports, it stated that 6,146 people had "disappeared" at the hands of security forces between 1992 and 1998, based on complaints made by relatives, and its key recommendation was to pay compensation to the families, without providing further details.
The official acknowledgementhat thousands of "disappearances" were committed by state agents is a significant development. However, the commission did not have a mandate to clarify the fate and whereabouts of those who "disappeared", or to identify those responsible whereas the complaints of the families of the "disappeared" in Algerian Courts have been stalled or closed because the judicial authorities have been unable or unwilling to conduct genuine investigations.
Without providing any evidentiary basis, the head of the commission, Farouk Ksentini, has stated that the "disappearances" were isolated acts of individual state agents, thereby attempting to exonerate their commanders from any criminal responsibility and absolve the state from its duty to nvestigate and hold those responsible to account. Farouk Ksentini has also stressed that state agents should benefit from the forthcoming amnesty measure.
Our organisations recognize that the legacy of Algeria’s past should be dealt with in ways determined by Algerians themselves, in a national discussion where freedom of expression, assembly and association, and the right to information, are fully respected. However, the fundamental principles of tuttr, justice and reparation cannot be compromised. The signatory organizations oppose amnesties, pardons and similar measures that prevent the emergence of the truth, a fmal judicial determination of guilt or innocence, and full r€parations to victims and their families.
Conceming the prospect of a referendum on the amnesty law, the Algerian govemment cannot evade its intemational obligations by adopting national legislation which runs contrary to them, regardless of whether this is done by parliament or by referendum. Respect for and protection of fundamental human rights cannot be subject to a majority vote.
Amnesties, pardons aod similar national measures that lead to impunity for crimes against humanity and other serious human rights violations and abuses, such as torhre, extrajudicial executions and "disappearances", contravene fundamental principles of international law. Authorities such as the UN Secretary General, authoritative UN and regional bodies, and intemational tribunals have stated that there should be no amnesties or similar measures that afford impunity for serious human rights
abuses.
Mr. Chairperson,
Our organizations reiterate their call on the Algerian govemment to uphold the right of all victims of serious human rights violations and abuses to truth, justice and reparation. The organizations believe that such guarantees are essential to any process of reconciliation. They are also essential, among other measures, to give solid foundations to the future protection of human rights.
Thank you.