CHAPTER THREE: DEMOCRACY AND POLITICAL GOVERNANCE
286.
It is to be noted that despite specific sanctions provided by special legislation
on political parties, the new law on corruption makes the secret financing of
political parties an offence on the same level as corruption, which is not the
case in the international convention on the subject.
287.
It is the duty of all public officials to declare their assets subject to disciplinary
and criminal procedures. The law condemns illicit enrichment and places the
burden of proof on the public official whose assets are proportionally higher
than his or her legitimate income. This duty concerns the President of the
Republic, parliamentarians, the presidents and members of the Constitutional
Council, the head and members of government, the president of the Court of
Auditors, the governor of the Bank of Algeria, ambassadors, consuls and
Walis, elected members of the Popular Assemblies of the Wilayas and of the
Communes.
288.
Assets are declared at the end of a term or on cessation of public office. This
concerns the inventory of movable and immovable property situated in Algeria
or abroad, which the official owns, including co-ownership and property
belonging to minor children. Any failure to comply with this obligation is
punishable by imprisonment or a fine. The law on the prevention of, and fight
against corruption provides that the state, local communities, establishments
and bodies falling under public law, and public enterprises are bound to adopt
standards and codes of conduct in the exercise of elected and public office.
289.
In this context, it is important to note that a code of ethics covering the duties
and obligations of judges was promulgated on 14 March 2007.
290.
The law also makes provision for principal and ancillary dissuasive penalties.
In addition to the loss of liberty, courts may order the confiscation of property
that was acquired in an unlawful manner, even if it has been the subject of a
transfer of ownership to relatives (descendants, ascendants or relations through
marriage).
291.
The chapter on the law on International Cooperation and the Recovery of
Assets deals with aspects relating to the exchange of information and judicial
cooperation for the purposes of seizure and confiscation, especially in the case
of transborder crimes.
292.
The CSAR emphasises that decrees on the application of legislation have been
passed, notably the national body for the prevention of, and fight against
corruption, which is made up of independent figures close to President of the
Republic.
293.
Within the framework of implementing legislation on corruption, the CSAR
stresses that a significant number of people holding elected and non-elected
positions of responsibility, as well as public officials falling under the central
and local administration, have been the object of suspension from duty and of
legal procedures, which in several cases have led to criminal sanctions.
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