A/HRC/13/42* page 109 was again arrested by plainclothes policemen from the DRS, and taken to DRS premises in Tiaret. Officers told his brother that he had been interrogated and released the following morning; in reality, he was transferred to Algiers, probably to other DRS premises, before being transferred again, on 5 April, to Serkadj prison in Algiers.419 According to the Algerian authorities, Mr. Benyamina was charged with membership of a terrorist organization active in Algeria and abroad. On 7 March 2006, the indictment division of the Algiers court issued a decision terminating criminal proceedings against Mr. Benyamina and ordering his release. Mr. Benyamina, who had been implicated in extremely serious acts of terrorism, could not however benefit from the termination of criminal proceedings but only from a commutation or remission of the sentence after the verdict. After bringing the case before the indictment division, the Procurator-General once again placed Mr. Benyamina in detention. 221. Mohamed Rahmouni disappeared on 18 July 2007, and was transferred to a military prison in Blida after six months of secret detention, allegedly at one of the secret centres run by the DRS. According to a communication received from the Government on 2 January 2008, Mr. Rahmouni was questioned by the military judicial police about his membership of a terrorist organization, and then released and assigned to a residence by a decision of the Minister for the Interior and the local community on 6 August 2007. He was reportedly found at Blida Military Prison (50 km from Algiers) on 26 January 2008.420 2. Egypt 222. In Egypt, a state of emergency has been in force continuously since 1958, with the exception of a short period from May 1980 until the assassination of President Anwar al-Sadat in October 1981. In May 2008, it was extended for another two-year period, even though State officials, including President Mubarak, had repeatedly said that they would not seek to renew the state of emergency beyond its expiration on 31 May 2008.421 223. In his report on his mission to Egypt in April 2009, the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism referred to an emergency law framework primarily used to countering terrorism in the country. In the view of the Special Rapporteur, the use of exceptional powers in the prevention and investigation of terrorist crimes reflected a worrying trend in which this phenomenon was perceived as an emergency triggering exceptional powers, rather than a serious crime subject to normal penal procedures. He also expressed, inter alia, concern about relying on exceptional powers in relation to arrest and detention of terrorist suspects that were then inserted into the ordinary penal framework of an anti-terrorism law, the practice of administrative detention without trial in violation of international norms and the use of unofficial detention facilities, the 419 Working Group on Arbitrary Detention, opinion No. 38/2006 (A/HRC/7/4/Add.1). 420 Working Group on Arbitrary Detention, opinion No. 33, 2008 (A/HRC/13/30/Add.1). 421 Submission of the International Commission of Jurists to the universal periodic review of Egypt, August 2009. Available from www.icj.org/IMG/UPRSubmission-Egypt.pdf.

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