CHAPTER THREE: DEMOCRACY AND POLITICAL GOVERNANCE
200.
In relation to civil and political rights, the CSAR confirms that those rights
contained in the international pact on civil and political rights, which has been
ratified by Algeria, are protected by the Constitution and its laws. Section 41
guarantees freedom of expression, association and assembly. Almost 81 per
cent of those interviewed believe that freedom of expression is guaranteed
(30.3 per cent) or more or less guaranteed (50.3 per cent), whereas only 17.6
per cent believe it to be not guaranteed at all.
201.
Although Islam has been adopted as the religion of the state, freedom of
conscience and freedom of religion are recognised. The state provides the
same protection to other forms of worship as it does to Islam. This respect for
minority religions is now guaranteed by a law enacted in 2006.
202.
Freedom of the print and audiovisual media is also guaranteed. The production
and publication of newspapers are subject to a regime of transparency and the
press enjoys various benefits, including a preferential tax regime. This ensures
the free expression of diverse opinions, as almost 130 newspapers, 43 of them
dailies, are published in Algeria. No journalist has been sanctioned for his or
her opinion in recent years. However, many attacks on the honour and dignity
of citizens have been noted and some people have been sanctioned by the
courts on the basis of the principles of the rule of law.
203.
With reference to the exercise and guarantee of fundamental rights and
freedoms, the CSAR affirms that Algerian citizens effectively enjoy the rights
guaranteed by the legislation that is in force. The opinion survey cited above
shows that 49.7 per cent of the respondents consider the measures adopted in
respect of economic rights to be effective (compared with 45.2 per cent who
believe the opposite). The same percentage applies in the case of cultural
rights and 50.5 per cent in the case of social rights (compared with 46.2 per
cent who believe the contrary).
204.
The courts regularly handle cases involving civil and political rights and
breaches of the principle of equality. The equitable access of all citizens to the
courts is guaranteed by the Constitution, and legal assistance may be given to
any person or association not in a position to exercise their right of access to
justice because of inadequate resources.
205.
Legal costs are not exorbitant and proximity of the courts is guaranteed by the
significant decentralisation of legal jurisdictions (administrative and judicial),
namely 192 courts of first instance and 36 courts of appeal. Services to assist
those brought before the courts are available in each jurisdiction and, in many
cases, citizens are able to submit a matter to court and then follow its progress
on the Internet. This is the reason for the rapidity with which legal decisions
are handed down.
206.
Several court cases have been successfully instituted against civil servants,
including cases of offences related to bad treatment and various forms of
violence committed by elements of the armed forces and security services.
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