Programming of training cycles in Algeria and abroad for judges is already
being practised on short and long term basis in the area of public freedoms and
human rights. Thus, in 2001, 2007, 2009, 126 judges received training;
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Periodic organization of seminars, study days, conferences and workshops for
judges on thematic issues related to human rights;
International days established under the various international legal instruments are
celebrated each year through the organization of round tables, seminars and conferences
in the localities all over the country. These events which receive wide media coverage
contribute to the promotion of the culture of human rights in the judicial environment,
among magistrates and court clerks of all grades.
With regard to court officers, notably judicial police officers, the same approach has been
scrupulously observed; emphasis has been put on the training of these personnel placed under
the guidance, control and supervision of the magistrates at the public prosecutor’s office and
investigation.
Several modules are contained in the training programme provided to them:
Fundamental freedoms (rights of freedom of movement, freedom of conviction, the
right to vote and demonstration…),
Economic, social and cultural freedoms (the right to housing, to work, to
information …),
Legal guarantees before the judicial police and justice (control of police custody,
remand, assistance by a counsel…).
Article 26:
Independence of the courts and establishment and improvement of national institutions for
the promotion and protection of rights and freedoms
423. The independence of the courts (courts and tribunals) is guaranteed by the Constitution
which devotes several articles to the judiciary and establishes its independence.
424. The judicial authority shall be independent; it shall protect society and freedoms. It shall
guarantee to everyone the protection of their fundamental rights.
425. Article 147 of the Constitution provides that “the judge shall obey only the law” and
Article 148 protects the judge against all forms of pressure, interventions or manoeuvres of
any nature that could be harmful to the accomplishment of his mission or to the respect of his
free judgment.
426. The judge shall be responsible to the High Council of the Judiciary in the forms
determined by statute for the manner in which he performs his mission.
427. The independence of judges is enshrined by guarantees offered by the statute in the
exercise of their powers which are mainly non-removability, incompatibilities and
responsibility as well as the right to organize which have been instituted both in the interest of
the judge and the citizen going to court.
428. To guarantee the independence of the judiciary, the lawmaker established a legal
framework comprising two organic laws promulgated in 2004; one relates to the status of
judges, and the other to the organisation, the remit and the functioning of the High Council of
the Judiciary.
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