43. Limiting the period for pre-trial detention: the pre-trial detention of people charged with a
crime or an offence is ordered either by the public prosecutor in accordance with the procedure
of flagrante delictu, or by the investigating judge for crimes or offences. The code of criminal
procedure lays down the maximum pre-trial detention period to be ordered by an investigating
judge for accused persons or defendants. Pre-trial detention is an exceptional measure, in line
with the spirit and letter of the code of criminal procedure.
44. Judicial supervision, an alternative to pre-trial detention: the code of criminal procedure
allows the investigating judge to place accused persons or defendants under judicial supervision
instead of pre-trial detention.
45. Granting of conditional release: conditional release is a measure which facilitates the
reintegration of prisoners, and has an effect on reducing prison population. The code on the
organisation of prisons and the social reintegration of prisoners (Law No. 05-04 of 6 February
2005) devotes an entire chapter to conditional release (Sections 134 to 150). It is a procedure
applied to a well-behaved prisoner with strong guarantees to reform and who has served the
required period of their sentence (having served half of their sentence for first offenders, twothirds of their sentence for recidivists, and fifteen (15) years for prisoners sentenced to life
imprisonment). Decisions for conditional release are taken, in accordance with the different
categories laid down in the code on the organisation of prisons and the social reintegration of
prisoners, by the judge responsible for enforcing sentences or the Minister of Justice, following
the respective opinions of the local commission on the enforcement of sentences or the
ministerial commission on sentencing reform.
46. This procedure also helps to reduce prison overcrowding. Accordingly, 918 prisoners were
granted conditional release in 2012.
47. Granting of suspended sentences: suspended sentences are generally granted to first
offenders by criminal courts for cases that are not of a particularly serious nature.
48. Community service sentences: Law No. 09-01 of 25 February 2009 to amend and
complement the penal code introduced community service sentences which enables criminal
courts to replace pronounced prison sentences, under certain conditions, with community service
for legal persons governed by public law. This enables a prisoner to serve a non-custodial
sentence. It should be noted that this measure was applied to 6,829 prisoners in 2012.
49. In addition to these measures which contribute to reducing prison overcrowding, government
authorities decided to construct new prison facilities in order to address crime.
Recommendation No. 13:
“Take measures and ensure compliance with the Robben Island Guidelines regarding the
prohibition and prevention of torture”
50. Historically, Algeria suffered the throes of colonialism and thousands of Algerian men and
women died from torture and inhuman and degrading treatment.
51. As such, Algeria cannot forget this painful era of its history. The country took this into
account by focussing, since independence, on implementing a system to prevent torture and
protect the physical and moral integrity of its citizens.
52. The legal system deters law enforcement officers from using torture, which is a terrible
practice in the minds of the people.
53. Regarding measures taken, Algeria:
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