CCPR/C/118/D/2128/2012
2.8
When he realized that the preliminary investigation was going to be closed and his
complaint dismissed by the Mascara prosecutor, and when he learned that the Director of
ETGR intended to file charges under article 300 of the Criminal Code against him for
making malicious accusations, the author went to the public prosecutor’s office on 18 June
2005 to find out what action had been taken to pursue the investigation and to explain that
he was the victim of a conspiracy and of serious breaches of criminal procedure. The
prosecutor met with the author for just five minutes and asked no questions about his claims
concerning the inadequacy of the investigation or the intervention by the secretary general
of the wilaya. Nor did the prosecutor respond to the author’s request that he arrange for the
gendarmerie to conduct a speedy enquiry into the ETGR case. Two days later, the author
again went to see the prosecutor, who refused to give him any information and threatened
him, saying that if he came back again he would be prosecuted and possibly imprisoned. On
that basis the author concluded that the investigation was not impartial.
2.9
On 20 June 2005, the author wrote to President Bouteflika, describing the various
procedural irregularities observed in the preliminary investigation and the abuses of power
committed by Mascara judicial authorities. The letter was forwarded to the chief prosecutor
of Mascara, who said he was shocked by the author’s criticisms of the public prosecutor of
Mascara. The chief prosecutor then brought charges against the author under article 144 of
the Criminal Code for insulting a public official in connection with the performance of his
duties. The author maintains that his letter contained no offensive language and reflected
his right to freedom of expression and his efforts to combat corruption.
2.10 On 19 September 2005, by Judgment No. 43, the Court of Bouhanifia sentenced the
author to 18 months’ imprisonment and fined him 50,000 Algerian dinars (DA). It also
ordered him to pay the plaintiff DA 100,000 in damages. The author appealed the judgment.
2.11 On 14 November 2005, the author was notified by the Mascara police that the public
prosecutor of Mascara had decided to discontinue the preliminary enquiry because of the
lack of evidence to support charges of embezzlement and corruption against the Director of
ETGR. Fearing reprisals, in view of the fact he had already been convicted of a criminal
offence for having brought up the same matter with the President of the Republic, the
author decided not to challenge this decision.
2.12 On 25 January 2006, by Judgment No. 289, the Appeal Court of Mascara upheld the
Bouhanifia trial court’s decision of 19 September 2005 in the case involving charges of
insulting a public official. On 29 January 2006, the author appealed this decision in the
Ordinary and Minor Offences Division of the Supreme Court of Algiers.
2.13 On 7 July 2008, the author received an order from the Supreme Court to submit a
brief within 30 days regarding his appeal in cassation of 29 January 2006 against the
Mascara Appeal Court judgment of 25 January 2006 (see para. 2.12). The order stipulated
that the brief must be signed by a lawyer who had been admitted to practise before the
Supreme Court under article 505 of the Code of Criminal Procedure. On 2 August 2008, as
he could not afford to hire a lawyer, the author sent a request for legal aid to the chief
prosecutor of the Supreme Court. On 13 August 2008, in response to his application for
legal aid, the prosecution service of the Supreme Court instructed the author to submit a
certificate of indigence issued by the municipality within one month. Accordingly, on 2
September 2008 the author applied to the mayor of Bouhanifia for such a certificate,
attaching a payslip for the month of August 2008. A week later, the mayor verbally denied
the author’s request on the grounds that he was employed. On 8 September 2008, the author
applied to the prosecution service of the Supreme Court for an extension of the deadline so
that he could appeal to the Wilaya of Mascara for a certificate of indigence. On 23
November 2008, the legal aid office of the Supreme Court denied the author’s request for
legal aid on the grounds that he had failed to produce a certificate of indigence. On 17
December 2008, the Ordinary and Minor Offences Division of the Supreme Court notified
GE.16-23057
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