Algeria: Ensure Effective and Impartial Investigation into Activist Disappearance – African Business

Amnesty International stated today that Algerian authorities must ensure that the investigation into Abdelhamid Bouziza’s enforced disappearance over 20 days is independent, impartial, and effective.

Tlemcen’s judicial authorities ordered an investigation to be opened in November. However, Amnesty International documented at least three cases in which investigations into human rights violations in Algeria, such as the deaths suspiciously occurring in custody or the torture of activists by police, have not led to justice or reparations for victims.

“Bouziza’s family and lawyer looked desperately for him for weeks while the authorities withheld information about his exact whereabouts. This is a worrying precedent. Algerian authorities should shed the light on what happened to Bouziza and bring those responsible for his enforced disappearance to justice,” said Amna Guellali, Amnesty International’s Deputy Director for the Middle East and North Africa.

“This incident is part of a wider pattern of human rights violations in Algeria, where hundreds of activists and protesters have been arbitrarily detained, and dozens were subjected to torture and other ill treatment at the hands of the security forces. Yet security forces responsible for these violations continue to enjoy impunity.”

Bouziza was taken into custody by security forces on 19 October at his home in Tlemcen (a city in the West Algeria). Bouziza’s family and lawyers made multiple attempts to locate him, in Tlemcen, Algiers, and Blida, but police in Tlemcen denied that he was detained. In three cities, judicial authorities denied that Bouziza had been charged or was set to appear in their courts. His family and lawyers couldn’t identify his location or call or visit him.

On 6 November, his lawyer filed a complaint before the Court of Tlemcen asking them to investigate his client’s enforced disappearance. It was only after that, on 8 November that lawyers who went to the Court of Boufarik confirmed to Bouziza’s lawyer in Tlemcen that he appeared before the court of Boufarik on 24 October and that he was detained in Hay El Darwich Prison in Blida, a place more than 470 kilometres away from where the activist and his family live. On 8 November, the Prosecutor General of the Tlemcen Court heard Bouziza’s family members’ testimony about the complaint filed by the defence team. Bouziza was visited by his mother and brother for the first time on 10 November.

Bouziza’s lawyers suspect he is held on terrorism-related charges for posts he made on social media about the arrests and trials of other activists in the country.

Algeria has used the Counterterrorism Provisions in the Penal Code extensively since April 2021 to prosecute activists and human right defenders who express dissent online or take part in peaceful protests.

Background

Algeria has not conducted an effective investigation into human rights violations in police custody over the years, including cases involving torture, death, ill-treatment, and ill treatment. A judge at El Bayadh Court in March 2021 refused to open an investigation into the torture claims of activist Ayoubchahetou. He claimed that he was raped and beaten by police officers. Authorities have not made public the results of the investigations into the deaths in custody in April and May 2019 of peaceful protester Ramzi Yettou as well as Kameleddine Fekhar, a human right defender, until today.

Bouziza, 25 years old, was an activist in Hirak and regularly posts on social media about the trials and arrests of activists in Algeria. In April 2022, Bouziza, along with 12 others, was convicted in absentia and handed a one-year prison sentence and a fine for “inciting an unarmed gathering” after the 13 individuals took part in a demonstration in the streets of Tlemcen on 19 March 2021.

In November 2021, he was given a three-year sentence for “insulting the President”, “offending a public body”, “publishing fake news that might harm public security” and “inciting an unarmed gathering” after he published five online posts, some criticizing Algeria’s President and secret services and one calling for protests to resume in the streets. He was released in February after his sentence was reduced upon appeal.

Algeria’s law permits terrorist arrestees to be held in custody for a maximum period of 12 days. They are allowed to communicate with their family and have them visit.

Algeria has yet not ratified the International Convention for the Protection of All Persons from Forcible Disappearance. The prohibition of enforced disappearance is contained in a number international instruments that are binding on Algeria such as the International Covenant on Civil and Political Rights.

Distributed by APO Group, on behalf of Amnesty International.