A/HRC/13/42*
page 108
1. Algeria
216. In its latest report on Algeria, dated 26 May 2008, the Committee against Torture
expressed its concern that secret detention centres existed in Algeria, run by the Department of
Information and Security (DRS). In this connection, the Committee made reference to 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.416 In its comments on
the conclusions and recommendations of the Committee, Algeria “categorically refuted the
allegations with regard to alleged places of detention that reportedly lie outside the reach of the
law. In all the time that they have been promoting subversion and attacking republican
institutions, the people making such allegations have never been able to put forward any
documentary evidence.” Furthermore, the State Party affirmed that “it exercises its authority
over all places of detention under its jurisdiction and that it has been granting permission for
visits by independent national and international institutions for more than eight years.”417
217. In its response to a questionnaire about the present study (see annex I), the Government of
Algeria stated that secret detention was not used by the police services of Algeria; the law
precluded such practice. The methods for dealing with terrorism were within a strict legal
framework, with investigations to be carried out within allowed time limits, and with magistrates
being informed. In an emergency situation in the context of counter-terrorism threatening the
public order, a presidential decree may be made of a state of emergency, notified to the
United Nations, authorizing the Minister for the Interior to take measures of house arrest as
administrative internment. It was in this context, controlled by presidential decree, that such rare
and exceptional measures may be taken. This was believed to be an effective measure in the
effort against terrorism.
218. In its briefing to the Committee against Torture, Amnesty International also referred to “a
persistent pattern of secret detention and torture” by the DRS, noting that the barracks where
detainees were held in secret detention were “situated in an area surrounded by forest, concealed
from public view and not accessible to the public”.418
219. The Working Group on Arbitrary Detention has reported on two cases in Algeria in recent
years, as described below.
220. M’hamed Benyamina, an Algerian national domiciled in France since 1997 and married to
a French national since 1999, was arrested on 9 September 2005 at Oran airport in Algeria by
plainclothes policemen. He was held for six months in a secret place of detention, and was
released in March 2006 following a presidential amnesty decree concerning the implementation
of the Charter for Peace and National Reconciliation of 27 February 2006. On 2 April 2006, he
416
CAT/C/DZA/CO/3, para. 6.
417
CAT/C/DZA/CO/3/Add.1, paras. 14-15.
418
Amnesty International, “Algeria: briefing to the Committee against Torture”, 17 April 2008.
Available from www.ohchr.org/english/bodies/cat/docs/ngos/AI-AlgeriaApril2008.pdf.
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