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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