177. Moreover, several rights and guarantees of religious freedom are enshrined in the national
legislation, in particular: the recognition of religious feast days, the status of religious ministers,
criminal protection, civil status, personal status, the right of prisoners to fulfil their religious
obligations and to be visited by a religious person of their faith, and the protection of the
administrative judge.
178. The exercise of the freedoms of conscience and of religion is guaranteed by the
Constitution, international legal instruments ratified by Algeria and by Ordinance No. 06-03 of
28 February 2006 on conditions governing the practice of faiths other than Islam (text of a
legislative nature) and the Penal Code.
179. The Penal Code provides for and punishes by imprisonment and a fine “any defamation
directed at one or more persons belonging to an ethnic or philosophical group or to a particular
religion, when intended to incite hatred among citizens or inhabitants” (Section 298 (2)). The
Penal Code also provides for and punishes by imprisonment and a fine “any insult directed at
one or more persons belonging to an ethnic or philosophical group or to a particular religion,
when intended to incite hatred among citizens or inhabitants” (Section 298 bis).
180. Section 160 provides that “shall be punished by imprisonment of five to ten years, any
person who voluntarily and publicly destroys, mutilates, defaces or profanes the Holy Book”.
181. Section 160 ter provides that “shall be punished by imprisonment of one to five years and a
fine of 1,000 DA to 10,000 DA, any person who wilfully degrades, destroys or profanes a place
reserved for worship”.
182. Moreover, Article 77 of Law No. 90-07 of 3 April 1990 on information contains a criminal
provision for any insult directed against holy religions, irrespective of the means used.
183. The Article provides that: “Any person who, in writing, or by sounds, images, drawings or
any other direct or indirect means, offends against Islam and the other holy religions shall be
punished by imprisonment of six (6) months to three (3) years and a fine of 10,000 to 50,000 DA
or by one of those penalties only”.
184. Algerian legislation guarantees the right to freedom of worship of non-Muslim prisoners.
Article 66 of Law No. 05-04 of 6 February 2005 on the code on the organisation of prisons and
the social reintegration of prisoners provides that “prisoners have the right to fulfil their religious
obligations and to be visited by a religious person of their faith”.
185. Furthermore, Ordinance No. 06-03 on conditions governing the practice of faiths other than
Islam is a tool that is adapted to modern standards and respect for individual rights while
preserving social cohesion.
186. This legislative text reinforces the abovementioned constitutional principle and reflects a
real willingness on the part of the government to open up to all religions, a mark of tolerance and
respect for the religions of others.
187. This text thus guarantees “freedom of religious practice consistent with respect for the
provisions of the Constitution, the present Ordinance, laws and regulations in force, public order,
good morals and the fundamental rights and freedoms of third parties”, as well as “tolerance and
respect between the different religions” and “State protection” for associations of religions other
than Islam (Articles 2 and 3). Furthermore, it “prohibits the use of religious affiliation as a
justification for discrimination towards any individual or group of individuals” (Article 4). This
text is applicable to both nationals and foreigners, irrespective of their religion. They have to
comply, failing which they shall be liable to the penalties provided for by law.
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