A/HRC/4/41
page 16
Prompt intervention
55.
The Chairman-Rapporteur of the Working Group and the Special Rapporteur on
extrajudicial, summary or arbitrary executions continued a dialogue with the Government
regarding the Charter for Peace and National Reconciliation. On 2 March 2006, the two mandate
holders expressed further concern regarding the latest legislation based on the Charter. The
authors congratulated the Government for its decision to refuse amnesty for the gravest crimes
but regretted the fact that perpetrators of extrajudicial executions, torture and enforced
disappearances could be granted amnesty. They also noted that the Government’s decision
regarding compensation to victims’ families reflected in chapter five violated articles 17 and 18
of the Declaration.
56.
In a reply dated 24 March 2006 the Government recalled that its position was based on
the will of the sovereign people and on a clearly realistic solution. It recalled that the ordinance
that brought the Charter for Peace and National Reconciliation into effect was adopted on the
basis of a democratic referendum. The Government stated that all victims of the national tragedy
would be taken into account. The communication stressed that protecting human rights was
indeed the responsibility of the State which had spared no effort to investigate and prosecute
the perpetrators of human rights violations in any form.
57.
The mandate holders wrote on 17 May 2006, agreeing that it was up to the Algerian
people to decide on their own internal solutions for a lasting peace. The letter highlighted the
commitments the Government had made to the international community and to its own people,
which included conducting exhaustive investigations with respect to disappeared persons where
the right to life was jeopardized.
General allegation
58.
Information was submitted by NGOs to the Working Group concerning alleged obstacles
encountered in the implementation of the Declaration by the Government of Algeria (see
paragraph 14). This information was transmitted to the Government.
59.
It was reported that the arrest and disappearance of thousands of people by security
forces and State-armed militias since 1992 have not yet been investigated and that this remains a
key obstacle to addressing the legacy of the recent conflict.
60.
With respect to the amnesty laws introduced in February 2006, it was reported that these
grant security forces impunity for crimes under international law, including crimes against
humanity and other serious violations, committed during the conflict of the 1990s. Allegedly,
complaints against security forces cannot be investigated by Algerian courts and criticism of the
forces is punishable by imprisonment. The amnesty laws reportedly are based on the Charter for
Peace and National Reconciliation, which denies the responsibility of State security forces for
massive human rights violations in the exercise of their duties.
61.
NGOs have expressed concern about members of armed groups who have been granted
measures of clemency and exemption from prosecution, including for acts constituting crimes
under international law.
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