CAT/C/DZA/CO/3
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age-appropriate treatment in accordance with the United Nations Standard
Minimum Rules for the Administration of Juvenile Justice (Beijing Rules), the
United Nations Guidelines for the Prevention of Juvenile Delinquency (Riyadh
Guidelines) and the United Nations Rules for the Protection of Juveniles Deprived of
their Liberty. The State party should also guarantee that juvenile detainees are
separated from adults.
Independence of the National Advisory Commission for the Promotion and Protection of
Human Rights
8.
While noting with satisfaction the establishment of the National Advisory Commission for
the Promotion and Protection of Human Rights on 9 October 2001, the Committee remains
concerned about the lack of available information on the work of the Commission. The
Committee is also concerned that the members are appointed by Presidential decree and that,
according to information provided by the Algerian delegation, the President decides whether to
follow up on the recommendations of the Commission, including the publication of its report,
which is an obstacle to the transparency needed for it to run smoothly and independently (art. 2).
The State party should ensure that the annual reports on the work of the National
Advisory Commission for the Promotion and Protection of Human Rights are made
public and widely distributed. The State party should strengthen the independence of
the Commission in accordance with the Principles relating to the Status of National
Institutions for the Promotion and Protection of Human Rights (Paris Principles) and
enhance its role in monitoring national and international obligations undertaken by
Algeria for the protection of human rights, including strict enforcement of the
provisions of the Convention.
Non-refoulement and collective expulsion
9.
The Committee is concerned about allegations received of collective expulsions of
migrants in violation of their basic right to have their case reviewed individually and to appeal
against the expulsion decision. The Committee is also concerned that some persons might be
expelled to States where they risk being subjected to torture (art. 3).
The State party should fully implement the provisions of article 3 of the Convention
and ensure that the persons under its jurisdiction have their cases duly considered by
the competent authorities and receive fair treatment during all stages of the
procedure, including the opportunity to request an effective, independent and
impartial review of the relevant expulsion or removal decisions, and to exercise the
right of appeal.
In this respect, the State party should ensure that before the authorities responsible
for overseeing foreign nationals take a decision to expel a foreign national who has
entered or is residing illegally in Algeria, they conduct a thorough review of the
situation in all cases to ensure that the person concerned would not be subjected to
torture or inhuman or degrading treatment in the country to which he or she could
be sent.