A/HRC/8/52
page 173
517. The Arab Commission for Human Rights, also speaking on behalf of Al Karama for
Human Rights, regretted that the most important recommendations of the Working Group and of
the treaty bodies have not been supported by Algeria. The Arab Commission for Human Rights
stressed that enforced disappearances, torture, summary executions and extrajudicial executions
are neither anecdotal nor occasional but crimes against humanity due to their widespread and
systematic nature. It suggested ratification of the Rome Statute with a view to putting an end to
impunity as enshrined in a decree issued by the executive branch. It also raised concerns about
the state of emergency and powers accorded to the Department for Information and Security,
which had led to the death of 200,000 people and the disappearance of more than 10,000 others.
518. Amnesty International welcomed the responsiveness of Algeria to the recommendations of
the Working Group to protect detainees from torture and other ill-treatment; to strengthen efforts
to protect women’s rights; to ensure the rights of detainees, including access to a lawyer; and to
cooperate with the special procedures. Amnesty International further expressed serious concern
about a persistent pattern of secret detention and torture by the Department for Information and
Security, and about discrimination against women in the Family Code and continuing reports of
violence against women, including in the family.
4. Views expressed by the State under review
on the outcome and concluding remarks
519. In reply to the questions raised during the meeting, the delegation of Algeria said that the
impunity which, according to some speakers, was implicit in the Charter for Peace and National
Reconciliation was nowhere to be found in that text, which the Algerian people had accepted by
means of a referendum on 29 September 2005. It was that sovereign choice by millions of
Algerians that alone gave the Charter its legitimacy, and the Algerian delegation wondered what
kind of legitimacy could be claimed by the non-governmental organizations that sought to call
that choice into question. That, in the delegation’s view, was something that contrasted starkly
with the elementary and intangible rules of democracy that drew their strength from choices
made by a majority of the community. The Charter for Peace and National Reconciliation was a
national patriotic response aimed at putting an end to fratricide, bringing those who had gone
astray back into line, isolating the radicals and casting a spotlight on those who had
misappropriated religion for their own purposes and those zealots who had, through their
erroneous interpretation, violated the Holy Koran and the right to life of tens of thousands of
innocent people.
520. Non-governmental organizations could not, in the name of ethics or morality, help to
prosecute the bloodletting by casting doubt on an effort to bring about peace and reconciliation.
The Charter for Peace and National Reconciliation was considered by some legal experts to be a
form of transitional justice that represented the passage from a complex situation of crisis to one
of relief in which the consequences of the national tragedy brought on by terrorism were
addressed. It was in that spirit that Algeria had endorsed the Working Group’s recommendations
that priority should be given to tolerance and reconciliation.
521. The question of disappeared persons was a painful one for Algerian society. No family had
been untouched by that phenomenon or was unaware of it. It was the direst consequence of the
national tragedy confronting Algeria and one that the country was endeavouring to address
through humanitarian, legal and social means. In other cases where States had planned,
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