CAT/C/DZA/CO/3
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does not guarantee the right to counsel during the period of remand in custody, and that the right
of a person in custody to have access to a doctor and to communicate with his or her family is
not always respected (art. 2).
The State party should ensure that the maximum period of remand in custody is
respected in practice and take the necessary steps so that the right of persons
remanded in custody to have access to counsel as soon as they are arrested is
guaranteed by the Code of Criminal Procedure and strictly enforced.
In addition, the State party should ensure that the right of any detainee to have access
to a doctor and to communicate with his or her family, in accordance with article 51
of the Code of Criminal Procedure, is respected in practice. The State party should
also establish a national register of prisoners, including persons detained in
institutions run by the Intelligence and Security Department.
Lastly, insofar as the State party indicated that the judicial police, under the
supervision of the prosecutor’s office, has introduced a procedure for recording on
video the interrogation of persons suspected of terrorism, it should also ensure that
such recordings are made available to the defence attorneys.
Secret detention centres
6.
The Committee takes note of the State party’s assurances that Intelligence and Security
Department officers are placed under the control of the Public Prosecutor’s Office, and that
secure detention centres no longer exist as of November 1996. The Committee nevertheless
remains concerned about reports of the existence of secret detention centres run by the
Department in its military barracks in Antar, in the Hydra district of Algiers, which are outside
the control of the courts. The Committee is also concerned about the lack of information
showing that the competent judicial authority has taken steps to look into these allegations
(arts. 2 and 11).
The State party should ensure that all places of detention, including those run by the
Intelligence and Security Department, are immediately placed under the control of
the civilian prison administration and the prosecutor’s office. It should also ensure
that the competent judicial authority takes the necessary steps to look into the
allegations concerning the existence of secret detention centres run by the
Department.
Juvenile detainees
7.
The Committee expresses its concern over the fact that minors aged 16 may be found
criminally responsible and detained in the context of counter-terrorism efforts. The Committee is
also concerned about information received that juvenile detainees are not separated from adults
(arts. 2 and 11).
The State party should consider raising the minimum age of criminal responsibility in
terrorism cases so that it is consistent with generally accepted international standards
on the matter. The State party should also ensure that minors receive