CAT/C/DZA/CO/3
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(b) The publication of the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (hereinafter referred to as “the Convention”) in the
Official Gazette of the People’s Democratic Republic of Algeria, No. 11, of 26 February 1997;
(c) The State party’s signing of the International Convention for the Protection of All
Persons from Enforced Disappearance on 2 February 2007;
(d)

The moratorium on the death penalty in force in the State party since 1993;

(e) The fact that the State party does not engage in the practice of seeking diplomatic
assurances from a third State to which it plans to extradite, return or expel an individual;
(f) The commitment to national reconciliation expressed by the State party, as well as its
stated intention to continue to better promote and protect human rights.
C. Subjects of concern and recommendations
Definition of terrorism and state of emergency
4.
The Committee expresses its concern about the rather vague definition of terrorism set out
in article 87 bis of the Criminal Code, although it understands that the State party has gone to
some lengths to protect its national security and its citizens from the threats posed by terrorist
acts. The Committee is concerned that this definition could extend to acts which may be
unrelated to terrorism and lay the persons thereby arrested open to actions which could violate
the Convention. Furthermore, the Committee is also concerned that the state of emergency
declared in 1992 has been extended, despite information provided by the State party itself
showing significant improvement in the security situation. The extension of the state of
emergency is reflected by the continuing delegation of judicial police functions to officials of the
Intelligence and Security Department, who have reportedly been behind numerous cases of
torture and cruel, inhuman and degrading treatment committed in the territory of the State party
(art. 2).
The State party should make sure that counter-terrorism measures are consistent
with the commitments undertaken by Algeria under the Convention. The State party
should also ensure the strict implementation of the Convention, particularly article 2,
paragraph 2, which stipulates that no exceptional circumstances whatsoever, whether
a state of war or a threat of war, internal political instability or any other public
emergency, may be invoked as a justification of torture. In addition, the definition of
terrorist and subversive acts should not give rise to interpretations whereby the
legitimate expression of the rights established under the Covenant on Civil and
Political Rights can be sanctioned as a terrorist act. The State party should also
review the need for extending the state of emergency in the light of the criteria laid
down in article 4 of the Covenant, to which Algeria is a party.
Basic safeguards for detainees
5.
While noting the amendments made to the Code of Criminal Procedure, the Committee
remains concerned about reports that the maximum period of remand in custody (up to 12 days)
can, in practice, be extended repeatedly. The Committee further notes with concern that the law

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