-hearings conducted in open court, except for cases involving minors, or cases which
pose a threat to public order or moral values.
169. Evidence taken and decisions passed by the lower courts in criminal proceedings can be
appealed against, using ordinary and extraordinary remedies (appeal, application to set aside a
judgement and appeal in cassation), either before appeal courts dealing with investigation
matters (indictment chamber, through appeal) before criminal courts (criminal chamber, through
appeal), or before the Supreme Court, through appeal in cassation.
170. The law lays down a special procedure for minors, who are subject only to reform and
rehabilitation measures. For minors above 13 years, the procedures for prosecution, conviction
and imprisonment are scrupulously followed by the competent courts.
171. It should be noted that recent legislation makes it possible for persons concerned to seek
compensation in the event of pre-trial detention leading to dismissal of the case, discharge or
acquittal, or in the event of a judicial error established after a review of the sentence.
172. Moreover, and in order to bring justice closer to the people, in particular people with
disabilities, the government, with the support of associations, has taken several special measures
aimed at adapting structures to the needs of the handicapped, including the installation of
equipment, the design of access to courts and the adaptation of corridors and counters to meet
the needs of physically disabled people.
173. Sections 31 and 92 of the Code of Criminal Procedure provide that a magistrate may be
assisted by an interpreter who shall give a rendering of whatever is said or exchanged by persons
speaking in different languages or tongues. In the case of hearing-impaired persons, qualified
sign language personnel are provided. In the case of visually impaired persons, administrative
forms and other written documents are provided in Braille format.
Article 8:
Freedom of thought, conscience and religion
174. Algeria, which has as religion Islam, guarantees freedom of religious practice consistent
with respect for the provisions of the Constitution, laws and regulations in force, public order,
good morals and the fundamental rights and freedoms of third parties. The public practice of
religion is governed by the following laws and regulations:
- Regarding the national Constitution:
- The Constitution guarantees the inviolability of freedom of conscience and that of
freedom of opinion (Article 36);
- Regarding international instruments:
- The International Covenant on Civil and Political Rights;
- The Convention on the Rights of the Child, in particular Article 4;
- Regarding national laws and regulations:
175. For Muslims: Executive Decree No. 91-81 of 23 March 1991 on the construction of the
mosque, its organisation and functioning and Decree No. 94-432 of 10 December 1994 laying
down the conditions for opening Koranic schools, their organisation and functioning.
176. For non-Muslims: Ordinance No. 06-02 bis of 28 February 2006 laying down the
conditions and rules applicable to religious worship by non-Muslims and the two decrees No.
07-135 of 19 May 2007 and 07-158 of 27 May 2007, laying down respectively, the conditions
and procedures for conducting non-Muslim religious and worship activities and the composition
and procedures of functioning of the National Commission for Non-Muslim Faiths.
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