- ratified the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or
Punishment on 16 May 19892, and on 17 May 1989, made the declaration under Articles 21 and
22 of the Convention recognising the competence of the Committee against Torture to receive
and consider communications submitted by a State Party against another State Party or submitted
by or on behalf of individuals.
- adapted its national legislation, by guaranteeing the following constitutional and legal rules
which law enforcement officers must obey and the courts are obliged to enforce:
- Constitutional principle of the protection of physical and moral integrity where the
State guarantees the inviolability of the human person.3
- Any form of physical or moral violence or infringement of dignity was prohibited just
after independence. Mechanisms to combat torture were provided for since 1966 in the
code of criminal procedure and the penal code4.
- New rules of procedure for preliminary investigation (in particular during police
custody). A person in police custody must undergo a medical examination by a doctor of
their choice, at their request or at the request of their family, at the end of the time spent
in police custody5. Medical visits can be conducted at any time during the time in
custody by the public prosecutor, at the request of the family of the person held in
custody.
- In the first quarter of 2012, 4,512 visits to police custody facilities were conducted by
public prosecutors and 4,022 police custody facilities were visited (facilities under the
national gendarmerie and national security). In 2011, 9,517 visits were conducted.
- In accordance with a memorandum of understanding signed with the Ministry of
Justice, the International Committee of the Red Cross (ICRC) has since 1999 visited
many prison facilities and its representatives have discussed, in the absence of witnesses,
with a large number of prisoners. Since 2003, the ICRC can also undertake unexpected
visits to police cells located in judicial police facilities.
- Maximum security prison facilities are accessible to civil society. Regular visits are
conducted, in particular by the National Consultative Commission for the Promotion and
Protection of Human Rights, Algerian and foreign non-governmental organisations,
ambassadors accredited to Algeria, UNDP and UNICEF experts, and representatives of
penitentiary administrations of some countries (France, Italy, Belgium and Great
Britain).
54. Cooperation with the Committee against Torture: Algeria cooperates on a regular basis
with the Committee against Torture in accordance with Article 19 of the Convention against
Torture. To date, Algeria has presented three periodic reports to the Committee.
Recommendation No. 14:
“Take the necessary measures to ensure respect for the rights and freedoms of all persons as
enshrined in the African Charter”
55. Among other activities, Algeria organised an international symposium in Algiers from 9 to
10 February 2010 under the theme “Freedom of worship: a right guaranteed by religion and by
law” which was attended by about 300 participants, including 30 eminent Christian personalities.
Recommendation No. 15:
2
Official Gazette No. 20 of 17 May 1989
3
Articles 34 and 35 of the Constitution
4
Section 263 bis and following, definition of torture, sentence (5 to 10 years imprisonment with a fine)
and aggravating circumstances when practiced or ordered by a civil servant (10 to 20 years in addition to a
fine).
5
Sections 51 bis and 52 of the Code of Criminal Procedure
12