Despite several requests in the interim, this was the first time that the FIDH was allowed to send such a mission since its last mission in April, 1997.
2. The fact finding mission met representatives of the authorities, the judiciary, the political world, the media, as well as human rights organisations, lawyers, associations representing the families of the disappeared, the families of victims of terrorism, as well as some victims themselves.
The mission visited Algiers, Blida, Tizi-Ouzou, Taourirt Moussa, Oran, Relizzane and Constantine.
3. The FIDH mission welcomed this invitation from the Algerian authorities and the dialogue which took place. However, the mission strongly deplored the fact that, despite undertakings given to the contrary, it was subjected to continuous tight surveillance which could not be justified on grounds of security. Likewise, the mission deplored the misinformation and unfounded attacks which it was constantly subjected to by certain organs of the so-called "independent" private media. Nonetheless, the mission recognised that some Algerian journalists reported its visit in an objective manner.
4. The mission expressed profound compassion for and solidarity with all victims for the revolting suffering endured in entire regions of the country and behind an almost impenetrable wall of silence. The desire of the Algerian population to voice their experiences must be satisfied, as well as the need of the survivors and their families to testify on behalf of the victims.
5. Political violence continues, even though in urban areas terrorism appears to have been controlled, the same cannot be said for numerous regions of the country. Every day, civilians, soldiers and law enforcement officers are assassinated in atrocious conditions.
In this context, as the FIDH has emphasised on several occasions, the State has not only the right but also the duty to fight terrorism and to secure the safety of the Algerian population. Nevertheless, the State must ensure that this fight is carried out in a manner that complies with international human rights standards, which legally bind Algeria.
The mission deplores the fact that serious and systematic violations of human rights continue to be perpetrated by law enforcement officials involved in the fight against terrorism, including, in some cases, members of the so-called "GLDs". For example, their operations rarely result in arrests - most suspects are summarily executed. In some cases, the "self-defence groups" participate in these offensive operations, in blatant contradiction with their "strictly defensive" role.
6. The introduction by President Bouteflika of a law providing for national reconciliation (la loi sur la concorde civile), which was negotiated with a complete lack of transparency by the military powers and the military leaders of the Islamic Front (FIS), without input from the political leaders of that organisation, has obviously not resulted in an end to violence. On close analysis, this law (introduced on the 13th July, 1999) prevents de facto any prosecutions against members of armed groups suspected of having committed criminal offences. The probation committees established under this law, by their very lack of transparency and hasty work methods, consolidate criminal impunity. The mission expressed its support for the families of victims of terrorism in their demands that the authorities comply with their obligation to conduct in-depth and impartial inquiries. Likewise, the FIDH mission expressed its surprise that the list of members of the Armed Islamic Front (AIS) who benefited from the Presidential Amnesty (grâce amnistiante) of the 10th January, 2000 was never published, and that even the number of beneficiaries is uncertain.
7. The mission was particularly touched by the testimony of witnesses in various parts of the country, as to the crimes committed by the GLDs against civilians, particularly against relatives of those linked to armed Islamic groups. Despite the fact that the law provides that the authorisation of the Ministry of Interior is necessary in order to set up a GLD, the Algerian authorities refused to tell (even approximately) the FIDH mission how many GLDs have been legally established or potentially disarmed. Although many allegations of murder have been laid against the GLDs, the leaders of the groups implicated in these allegations remain armed and at liberty. The mission considers that the issue of GLD disarmament must be addressed as a matter of urgency.
8. Concerning the issue of forced disappearances (les disparus) - directly or indirectly attributable to the State - the mission has reason to believe that the extent of this phenomenon is vastly underestimated. Although the mission was not in a position to put forward a global figure, it noted that new cases are filed daily with lawyers and associations representing the families of the disappeared (SOS Disparus, created under the auspices of the Algerian League for the Defence of Human Rights (LADDH), the National Association of the Families of the Disappeared (ANFD), the National Association of the Families of the Disappeared in Constantine etc.). Nonetheless, the mission can affirm that apart from the secret detention centres already identified and still operational, numerous other public buildings have been used as detention and torture centres, such as in Oran, the barracks at Magenta, the CNS barracks at Dar Al Beida, the premises of the 2nd military, the military prison at Al Marsa; and in Constantine, the territorial research and investigation centre at Bellevue; the CMI barracks at Mansourah and the ONRB squadron barracks at Sidi Mabrouk.
More than ever, the families of the disappeared demand that the truth be told as to the fate of their relatives, particularly during their weekly demonstrations. The authorities persist in denying the undeniable. Since 1993, the National Observatory for Human Rights (ONDH), an official institution, has received thousands of cases, the Department of Justice has received over 3,000 cases and, since 1998 the Department of the Interior had officially received more than 4,600 cases in the 48 wilayas (administrative regions).
Most families implicate the authorities in the disappearances of their relatives. In almost all cases, they have witnesses to support their allegations. Sometimes, they can even provide the names of the alleged authors of the disappearances.
In spite of this, the authorities have not accepted responsibility in any of the cases. None of the testimony has been taken on board and no investigations have been concluded.
The mission concluded that the procedures in place for ascertaining the number of forced disappearances and the responses furnished to the families are not designed to shed light on this phenomenon. On the contrary, they are part of a system established by the State in an effort to avoid taking responsibility for the wide-scale criminal acts of its agents.
9. The mission also established that the criminal justice system remains under government control, due to the de facto lack of independence of the judges and to the continued existence of restrictive emergency provisions, which FIDH has previously denounced on several occasions (the Criminal Code and the Code of Criminal Procedure which incorporate most of the anti-terrorist decree of September 1992 and the October 1992 decree on judicial status.) The mission seriously questioned whether, within the framework of the proposed reforms of the justice system, these provisions will be abrogated in conformity with international human rights standards.
The mission also noted that many associations and political parties (ANFD, WAFA...) are not recognised despite fulfilling the legal criteria, and that certain public meetings, particularly those relating to human rights, are still banned.
The State of Emergency declared in January 1992 remains in force, and continues to bear serious consequences for the exercise of human rights. The maintenance of emergency legislation, accompanied by practices firmly rooted in the police state, constrains political life and the freedom of expression of civil society. Thus, the apparent pluralism of Algerian society is no more than a facade.
10. The issue of the rehabilitation of victims, all victims, is paramount. Many victims are seriously traumatised, and struggle alone. Their legitimate fight for truth and justice cannot be satisfied by the mere provision of monetary compensation, particularly as such compensation is only available for victims of terrorism. Today, the victims are crying out more strongly than ever. No effective effort is being made to meet their demand for truth and justice, although this is key to a genuine transition, which is still expected.