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Amnesty International Report 2002 - Algeria

Covering events from January-December 2001

People's Democratic Republic of Algeria
Head of state: Abdelaziz Bouteflika
Head of government: Ali Benflis
Capital: Algiers
Population: 30.9 million
Official language: Arabic
Death penalty: retentionist

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The conflict which has ravaged the country since 1992 continued; the level of violence and killings remained high. Hundreds of civilians, including women and children, were killed in targeted and indiscriminate attacks by armed groups which define themselves as "Islamic groups". Hundreds of members of the security forces, state-armed militias and armed groups were killed in attacks, ambushes and armed confrontations. Dozens of civilians were unlawfully killed by the security forces or by state-armed militias. These included more than 80 unarmed civilians shot dead by the security forces in the context of demonstrations in the northeastern region of Kabylia following the death in April of a schoolboy in the custody of the gendarmerie. A commission of inquiry established by the authorities to look into these events issued reports in July and December. No independent investigations were carried out into the thousands of other killings, massacres, "disappearances", abductions and reports of torture since 1992. Torture continued to be widespread. Reports of secret and unacknowledged detention continued to be received. Freedom of expression was threatened by new legislation. Over 100 people had their death sentences commuted to prison terms. The state of emergency imposed in 1992 remained in place.

Background

The authorities stated in October that the security forces had "neutralized" 20,000 "terrorists" since 1992, without specifying how many had been killed and how many apprehended. For the first time, the authorities gave an official figure for the number of active members of armed groups, estimating it to be between 700 and 800, of whom 300 to 400 were said to be armed. In the wake of the attacks on 11 September in the USA, the Algerian government declared strong support for UN-led measures against "terrorism" and pushed for the expulsion to Algeria of nationals living abroad whom it said it suspected of having links with armed groups.

The first detailed account by an ex-officer in the Algerian army about his experiences during the current conflict was published in France in February. In April, former Defence Minister General Khaled Nezzar cut short a visit to Paris to promote his memoirs after learning that three criminal suits for torture had been filed against him in France. These two events sparked renewed debate on the involvement of the various parties to the conflict in Algeria in the massive human rights abuses committed since 1992.

Floods in November left over 700 people dead and thousands more homeless, mostly in Algiers.

Negotiations between Algeria and the European Union concluded in December with the initialling of an association agreement which aims to deepen bilateral relations in the field of trade and other areas such as security and illegal immigration.

The official human rights body, the Observatoire national des droits de l'homme, National Human Rights Observatory, was dissolved and replaced in March by the newly established Commission nationale consultative de promotion et de protection des droits de l'homme, National Advisory Commission for the Promotion and Protection of Human Rights. The members of the new body were designated by President Abdelaziz Bouteflika in October. A national office for the families of the "disappeared" was opened in September by a national association campaigning on the issue of "disappearances".

Killings

Hundreds of civilians were killed by armed groups which define themselves as "Islamic groups" in both targeted attacks and indiscriminate bomb explosions. Often groups of up to some 25 civilians, including entire families, were killed in their homes in rural areas in the north by armed groups. Most killings took place outside the main cities and the perpetrators were routinely able to escape, even though some attacks were committed near army and security force checkpoints or outposts. For the first time in some two years, bomb attacks took place in Algiers. Hundreds of members of the security forces, state-armed militias and armed groups were killed in ambushes and armed confrontations. However, as a result of official restrictions on information about such incidents, it was often not possible to obtain precise details about the identity of the victims or the exact circumstances of their deaths.

Dozens of civilians were killed by the security forces in the context of waves of anti-government demonstrations which rocked the country throughout much of the year. The protesters were venting deep-seated anger at the authorities' apparent lack of concern about deteriorating socio-economic conditions for the majority of the population and use of repressive measures. In many demonstrations, growing demands for official recognition of the Berber language and culture were also expressed.

• Members of the gendarmerie and other security forces killed more than 80 unarmed civilians and injured hundreds of others in the context of demonstrations during April, May and June in the Berber-dominated northeastern region of Kabylia. The demonstrations followed the death in April of schoolboy Massinissa Guermah in the custody of the gendarmerie. Gendarmes reportedly fired on unarmed protesters standing more than 100 metres away from them and shot others in the back after dispersing them using tear gas. In several instances, protesters were reportedly pursued to their homes and shot dead inside. In all cases, the security forces appear to have used live ammunition.

Failure to establish truth and justice

No concrete action was known to have been taken by the authorities to clarify the fate of some 4,000 men and women who "disappeared" after arrest by members of the security forces or state-armed militias since 1993. Similarly, no steps were known to have been taken to investigate information provided by families about the alleged burial place of relatives who had been abducted and killed by armed groups, but whose bodies were never found. This was despite the pledges to the representatives of families of victims made by President Bouteflika and other government officials in recent years.

The government provided no information about the investigations which the authorities claimed had been carried out into the massive human rights abuses committed since 1992, including thousands of cases of extrajudicial executions, deliberate and arbitrary killings of civilians, torture and ill-treatment, and "disappearances". Some members of the security forces and militias were reportedly tried and sentenced during the year to prison terms on charges of murder and other crimes, but no concrete measures were known to have been taken to bring to justice the overwhelming majority of those responsible for human rights abuses committed by the security forces, state-armed militias or armed groups in 2001 or previous years.

In theory, since the expiry of the Law on Civil Harmony in January 2000, members of armed groups who give themselves up to the authorities no longer benefit from immunity from prosecution. However, reports continued to be received that members of armed groups who surrendered during 2001 appeared to be exempted from prosecution and were released without adequate inquiries being made by the authorities into what crimes they may have committed during their time as members of armed groups. Moreover, no investigations were known to have been carried out into the complaints made in 2001 or previous years that members of armed groups who had surrendered to the authorities were allegedly responsible for killings or abductions.

Victims and families of victims of unlawful killings, torture and "disappearance" committed by the security forces or state-armed militias since 1992 continued to be denied compensation. Families whose relatives had been abducted by armed groups and were presumed killed and who had filed complaints with the authorities also did not receive compensation. Women's associations continued to complain that victims of rape by armed groups did not benefit from rehabilitation, including medical and psychiatric care and other post-traumatic counselling, or from the compensation which other victims of armed groups had received.

Torture and secret detention

Torture remained widespread. Cases of secret and unacknowledged detention continued to be reported. The government and judicial authorities systematically denied all knowledge of the detainees until after they were brought to court or released. Many of those detained in this manner were subjected to torture or ill-treatment.

• Dozens of civilians, including children as young as 15, were reported to have been tortured or ill-treated following arrest by members of the security forces in the context of demonstrations during April, May and June in Kabylia. Beatings with fists, batons and rifle butts appear to have been common at the time of arrest and in detention. Some detainees alleged that, while in the custody of the gendarmerie, they were undressed, tied up with wire and threatened with sexual violence; others alleged that they were whipped or slashed with sharp implements.
• Fayçal Khoumissi spent some 10 months in secret detention before his family learned that he was being held in El-Harrach Prison in Algiers. He had been arrested in November 2000 in the centre of the district of El-Harrach by four armed men in civilian clothes and travelling in an unmarked car. He was taken to a security force base, where he alleged that he was shot in both legs, given electric shocks to his ears and genitals, beaten with an iron bar on his back and genitals, and forced to swallow large amounts of dirty water through a cloth placed in his mouth. He was then treated in hospital before being presented before the judicial authorities and remanded in custody on charges related to "terrorism". His family only found out about his detention when they were contacted in September by a former detainee who had met Fayçal Khoumissi in prison and was subsequently released.

Legislative changes

Changes to the Penal Code, promulgated in June, threatened the right to freedom of expression. Penalties for defamation were increased. Amendments to the law prescribed prison terms of up to one year and fines of up to 250,000 dinars (approximately US$3,500) for individuals found guilty of defaming the President of the Republic or other state institutions such as the army, parliament or the judiciary, using the written or spoken word or an illustration. The editor and publisher of an offending article or illustration, as well as the publication itself, are also liable to be prosecuted. Punishments, including sentences of up to three years' imprisonment, were also introduced for anyone attempting to preach in places of prayer without authorization.

Changes to the Code of Penal Procedure, promulgated in June, significantly extended the legally permitted period of pre-trial detention. Those accused of "crimes considered to be terrorist or subversive acts" can now be held in pre-trial detention for a maximum of 32 months, twice the previous maximum, and those accused of a "transnational crime" for up to 56 months.

Death penalty

In October, 115 people had their death sentences commuted to prison terms by order of a presidential decree. The moratorium on executions declared in December 1993 remained in place.

International organizations

The UN Working Group on Enforced or Involuntary Disappearances, which asked in 2000 to visit Algeria, was not granted access to the country in 2001. Long-standing requests by the UN Special Rapporteur on extrajudicial, summary or arbitrary executions and the UN Special Rapporteur on torture to visit Algeria had not resulted in invitations by the end of the year.

At its 29th Ordinary Session, held in Libya, the African Commission on Human and Peoples' Rights expressed its "deep concern" at the killings in Kabylia and recommended that the "fight against impunity becomes a reality". In May the European Parliament adopted a resolution condemning the killing of peaceful demonstrators in Kabylia and expressing concern over legislative amendments relating to the press.

The International Committee of the Red Cross (ICRC) continued prison visits, resumed in 1999.Having been given access to the country in 2000, AI and other international human rights organizations asked to visit again, but had not been allowed entry by the end of 2001.

AI country reports/visits

Reports

• Algeria: Amnesty International calls for a prompt and impartial investigation into the recent bloodshed in Kabylia (AI Index: MDE 28/005/2001)
• Algeria: Every killing must be urgently investigated (AI Index: MDE 28/007/2001)
• Algeria: Relatives of the "disappeared" violently dispersed (AI Index: MDE 28/010/2001)