on the Penal Code, introduced a new section under the chapter on “crimes and offences against
individuals” entitled “organ trafficking”. Under this section, the Penal Code provides for
penalties for:
- whoever, in return for a financial or other benefit of any kind, removes an organ from a
person, as well as any intermediary who encourages or promotes obtaining an organ
removed from a person (Section 303 bis 16),
-whoever removes an organ from a living person without obtaining consent under
conditions provided by law or removes an organ from a deceased person (Section 303
bis 17),
-whoever performs tissue samples, cells, or the collection of products of the human
body, against payment of a sum of money or offer of any other benefits of any kind
(Section 303 bis 18),
-whoever removes a tissue or cells or collects a product from a living person without
having his or her consent under the law, or from a deceased person (Section 303 bis 19).
129. The penalties established in this section vary from one (1) year to fifteen (15) years
imprisonment and a fine of 300,000 DA to 1,500,000 DA. The penalties can be increased when
the offence is committed with any of the following circumstances:
-when the victim is a minor or a person with a mental disability;
-when the offence is committed with the use of firearms or involves the threat of use of
firearms;
-when the profession or function of the perpetrator facilitated the commission of the
offence;
-when the offence is committed by an organised criminal group or of a transnational
nature;
-when the offence is committed by more than one person.
130. It should also be noted that following its ratification in 1989, practical steps were gradually
introduced to implement the Convention against Torture, culminating in the reform of the justice
system initiated in 1999.
131. As such, criminal provisions expressly punishing torture and cruel, inhuman or degrading
treatment have been incorporated into the Penal Code with the introduction of three provisions.17
132. These three sections are 263 bis, 263 ter and 263 quater, which prescribe very severe
penalties (5 to 10 years’ fixed-term rigorous imprisonment plus a fine) for perpetrators of acts of
torture. These penalties are increased if the perpetrators are public officials (10 to 20 years’
fixed-term rigorous imprisonment and a fine) or if the acts of torture are preceded, accompanied
or followed by a serious offence other than murder (10 to 20 years’ fixed-term rigorous
imprisonment and life imprisonment).
133. The Penal Code (Section 263 quater, para. 3) goes so far as to define as a serious offence
the failure of public officials to report acts of torture, which is punishable by a penalty of
between 5 and 10 years’ fixed-term rigorous imprisonment and a fine.
17
Law No. 04-15 of 10 November 2004
23