134. Article 293 of Ordinance No. 66-156, amended by Law No. 06-22 of 20 December 2006,
inflicts rigorous imprisonment for life on any person who subjects another person who has been
abducted, arrested, detained or sequestrated to physical torture.
135. As a preventive measure, new rules have been introduced in the Code of Criminal
Procedure, referring specifically to preliminary investigations conducted by the judicial police,
with the aim of providing mechanisms to ensure the humane treatment of persons held in police
custody and to monitor the use of such procedures (through medical examinations of detainees
by decision of the public prosecutor or at the request of their family or legal counsel, and
monitoring of the manner in which the police custody is conducted). A medical examination is
mandatory at the conclusion of the period of police custody.18
136. Regarding capital punishment, it should be noted that Algeria has been observing a
moratorium on death penalty since 1993. This sentence is not imposed on persons below the age
of 18. Sentences are deferred for pregnant women and women with children below twenty-four
(24) months. The 2001 and 2002 amendments of the Penal Code led to the abolition of the death
penalty for all property offences.
137. Law No. 04-15 of 10 November 2004, amending and complementing the Penal Code,
includes a section 341 bis which penalises sexual harassment.
138. Imprisonment for debt in contractual relations has been removed from the new Code of
Civil and Administrative Procedure.
Article 5:
Torture and cruel, inhuman or degrading treatment or punishment
139. The people of Algeria, having been victims of a colonial exploitation policy for several
decades, resolved to put an end to practices of exploitation, debasement, slavery and trafficking
in persons.
140. Guaranteed by the various Constitutions of Algeria since independence (1963-1976-1996),
the determination to abolish feudal practices has included the ratification of a number of
international legal instruments and the implementation of national legal and judicial reforms.
141. Regarding the abolition of exploitation and slavery, the Constitution guarantees the
principle of “ending exploitation of man by man” and prohibits “feudal, regionalist and
nepotistic practices…” (Articles 8 and 9).
142. Algeria has ratified the following main international instruments:
- 1926 Slavery Convention, amended by the Protocol of 7 September 1953;19
- Supplementary Convention on the Abolition of Slavery, the Slave Trade and
Institutions and Practices Similar to Slavery;20
- Convention for the Suppression of the Traffic in Persons and of the Exploitation of the
Prostitution of Others;21
- Additional Protocol to the UN Convention against Transnational Organised Crime to
Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children;22
and
18
Sections 51 bis 1 para. 2, and 52 para. 6 of the Code of Criminal Procedure
19
Decree No. 63-340 of 11 September 1963
20
Idem.
21
Decree No. 63-341 of 11 September 1963
24