administrative justice system comprises administrative courts (37) and a State Council.
A Jurisdiction Court was established to settle conflicts of jurisdiction between the two
sets of courts.
- An adapted system of distribution of courts taking into account the enhancement of the
principle of bringing justice closer to the people, including through the establishment of
an adequate number of courts and even sections, the establishment of an appropriate
map of judicial districts taking into account, in particular, the volume of cases and the
difficulties relating to the long distances between towns in the southern regions of the
country.
- A revised system of legal aid giving all citizens access to the justice system
irrespective of their economic and social status. The following have access to legal aid
as a matter of law: minors, parties applying for maintenance, mothers in child custody
matters, and workers in matters pertaining to occupational accidents or illness.
158. Moreover, free legal service is provided to all minors before a juvenile court or any other
criminal court; on request, to accused persons appearing before an investigating judge or a court
ruling on major offences; on request, to persons filling an appeal to be heard by the Criminal
Division of the Supreme Court when the sentence exceeds a five-year term of imprisonment; to
defendants suffering from a disability that may adversely affect their defence; on request, to
accused persons appearing before a criminal court; and to victims of trafficking in persons,
smuggling of migrants and organ removal.
159. Simplification of procedures in order to facilitate access to justice; the two main codes of
procedure (civil and criminal) have been amended on several occasions since 1999:
- The cautio judicatum solvi was abolished for foreign nationals in the new Code of
Civil and Administrative Procedure.
- An affordable justice manual has been prepared, in a simple format, to provide citizens
with information on the key judicial procedures.
- Organisation of open days for receiving and informing litigants and citizens at the
central administration of the Ministry of Justice and in courts.
- A broad programme for implementing information and communication technologies
was launched and has been realised to a large extent. Websites are already operational at
the Chancellery and in courts, in particular with the installation of an Intranet network at
the Ministry of Justice which will be connected to all courts in the country.
- Establishment of a national centre for criminal records linked to all courts, which
makes it possible for citizens to obtain a copy of their criminal record anytime and from
any court.
160. Moreover, the right to a fair trial, both in criminal and civil proceedings, is a right governed
by fundamental principles and specific rules laid down in the Algerian Constitution and
legislation.
161. These principles and rules deal with the rights of parties to civil and criminal proceedings,
and lay down the relevant procedures to be considered in an impartial manner by a regularly
constituted court.
162. Fair trial standards in Algeria, in theory and in practice, are consistent with those laid down
in the Universal Declaration of Human Rights and the International Covenant on Civil and
Political Rights.
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