English
 
 

 

 Editoriaux
 La presse
 Opinion publique
 Bréves
 Rendez-vous
 Interviews
 Flashs  
 Sondages  

 
 Forum  
 Chat  

 

 

Contact us

Contactez  nous

 
   

 

 

U.S. Department of State

Algeria Country Report on Human Rights Practices for 1997

Released by the Bureau of Democracy, Human Rights, and Labor, January 30, 1998.

President Liamine Zeroual, a former general, was elected in November 1995 to a 5-year term. Zeroual had previously served as president of a transition government established by the army in 1994, which included a National transition Council (CNT) as a surrogate parliament. The President controls defense and foreign policy, appoints and dismisses the Prime Minister and cabinet ministers, and may dissolve the legislature. The presidential election was competitive. Three opposition candidates had some access to state-controlled television and radio and also received heavy coverage in the independent press. According to government figures, Zeroual received 61 percent of the votes; losing candidates claimed that there were instances of fraud but did not contest Zeroual's victory. The Government does not always respect the independence of the judiciary.

After gaining independence in 1962, Algeria had a single-party state dominated by the country's military leadership and supported by the bureaucracy and the National Liberation Front (FLN). Under the 1989 Constitution, there was to be a transition to a pluralist republic with a strong president. The democratization process was suspended, and the FLN's rule ended in 1992 when the Army forced President Chadli Benjedid to resign, canceled the second round of parliamentary elections which the Islamic Salvation Front (FIS) was poised to win, and installed a ruling five-man High State Committee that banned the FIS and jailed many of its leaders. The cancellation of the elections in 1992 escalated fighting between the security forces and armed Islamist groups seeking to overthrow the Government and impose an Islamic state, which still continues.

In a flawed popular referendum in November 1996, the Government obtained approval of proposed changes to the Constitution, including provision of a second parliamentary chamber and greater presidential authority. In June Algeria held its first parliamentary elections since January 1992, and elected the first multiparty Parliament in Algerian history. Provincial and municipal elections were held in October. Although the election campaigns were marked by an increase in the openness of television and radio to political debate and discourse, international observers and political parties pointed out numerous problems with the conduct of the elections.

The Government's security apparatus is composed of the army, air force, navy, the national gendarmerie, the national police, communal guards (a local police), and local self-defense forces. All of these elements are involved in counterinsurgency and counterterrorism operations and are under the control of the Government. The security forces were responsible for numerous serious human rights abuses.

The economy is slowly developing from a state-administered to a market-oriented system. The Government has successfully implemented stabilization policies and structural reforms. However, privatization of state enterprises and the restructuring of the banking and housing construction sectors have just begun. Uncompetitive and unprofitable state enterprises constitute the bulk of the industrial sector. The state-owned petroleum sector's output represented about a quarter of national income and about 95 percent of export earnings in 1997. The agricultural sector, which produces grains, fruit, cattle, fibers, vegetables, and poultry, makes up 10 to 12 percent of the economy. Algeria is a middle-income country; annual per capita income was approximately $1,600 in 1997. Officially, about 28 percent of the working-age population was unemployed in 1997, and about 70 percent of the people under the age of 30 could not find adequate employment. Some made a living from petty smuggling or street peddling.

The Government's human rights performance in 1997 reflected improvements in some areas, but serious human rights abuses continued. Citizens do not have the effective right peacefully to change their government. The security forces carried out extrajudicial killings, were responsible for numerous disappearances, routinely tortured or otherwise abused detainees, and arbitrarily arrested and detained or held incommunicado many individuals suspected of involvement with armed Islamist groups. On some occasions, security forces failed to intervene to prevent or halt massacres of civilians. Questions have been raised about security forces' indifference to, or complicity in, civilian deaths. Although the Constitution provides for an independent judiciary, executive branch decrees restrict some of the judiciary's authority. Poor prison conditions, lengthy trial delays, illegal searches, and infringements on citizens' privacy rights also remained problems. The Government heavily censored news about security incidents and the armed groups. The Government also continued to restrict freedom of speech, press, assembly, association, and movement. During the June legislative elections and the October municipal and provincial elections, there were credible reports of irregularities such as government harassment of opposition party observers and fraud in vote-tally procedures. The Family Code limited women's civil rights, and domestic violence against women remained a serious problem.

Armed groups and terrorists also committed numerous serious abuses, killing thousands of civilians. Armed Islamists have conducted a widespread insurgency since legislative elections were canceled in January 1992. Islamist groups targeted government officials and families of security service members, as well as people whose lifestyles they considered in conflict with Islamic values.

Increasingly in 1997, armed groups massacred large groups of civilians, including infants, often in apparent retaliation against villages or families that had ceased providing support to them. Armed Islamists particularly targeted women; there were repeated instances of kidnapping and rape. Bombs left in cars, cafes, and markets killed and maimed people indiscriminately. Some killings were also thought to arise from revenge, banditry, and land grabs. By year's end, there were estimates that 6,000 to 7,000 people were killed in 1997, and that a total of 70,000 people had been killed during 6 years of turmoil.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including Freedom From:

a. Political and Other Extrajudicial Killing

There were credible reports that security forces killed political opponents, particularly people suspected of being sympathizers of armed groups. In February Rachid Mudjahid died while in police custody. Authorities refused to release his body, which observers said bore marks of torture, to his family. Shortly after Algeria's top labor leader was killed in January, Mudjahid appeared on the government-owned television and claimed that he had been behind the killing. His claim appeared to have been made under duress. One week later, he was dead. In addition, there were credible reports that three citizens were killed by security forces in Beni Mered in February, that two citizens were killed by local self-defense forces in Tablat in March, and that a dozen citizens were killed by communal guards in el-Oumaria in April.

There were also reports that on some occasions security forces failed to intervene to prevent or halt massacres of civilians. Questions have been raised about the security forces indifference to, or complicity in, civilian deaths. Amnesty International (AI) reported that security forces did not intervene to stop the killings in three terrorist massacres near Algiers. In Has Rais on August 28, hundreds of persons were attacked, although an army barracks is about 300 feet away and other security forces were nearby. Security forces neither came to the assistance of the villagers nor apprehended the killers when they left. In Beni Messous on September 5, at least 60 persons were killed. When villagers telephoned the nearby army barracks for help, security forces refused to intervene, saying the matter was under the mandate of the gendarmerie. Telephone calls to the gendarmerie received no reply, and the attackers escaped without any difficulty. In Bentalha on September 22, some 200 persons were killed over the course of several hours. Survivors reported that security forces with armored vehicles were stationed outside the village and stopped some villagers trying to flee. However, the attackers were able to leave. The Government asserts that security forces cannot respond to attacks against civilians because an attack might be a setup for an ambush, because the security forces lack night-fighting equipment, and because terrorists might have mined the area.

The Government maintains that the security forces resort to lethal force only in the context of armed clashes with terrorists. The Government also contends that, as a matter of policy, disciplinary action is taken against soldiers or policemen who are guilty of violating human rights. The government-linked National Observatory for Human Rights (ONDH) reported several instances in which military and security personnel were punished for abuses during the year.

Armed groups targeted both security force members and civilians. Terrorists attacked civilians whom they regarded as instruments of the State or whose lifestyles they considered in conflict with Islamic values. Sometimes they killed in the course of armed robberies or to enforce local protection rackets. Some terrorist bombings seemed intended only to create social disorder by causing a high number of civilian casualties without any apparent concern for the particular target. Increasingly armed groups killed large groups of civilians, including infants, often in apparent retaliation against villages or families that had ceased providing support to them. In September a number of teachers were murdered in front of their students.

In September the terrorist Armed Islamic Group (GIA) issued an official communique in which it claimed responsibility for the ongoing violence, terming the massacres "an offering to God" and pledging to continue. Activists from several political parties, including the two legal Islamist opposition parties, were killed in 1997, as were cultural and media personalities such as a popular filmmaker and a television station employee. During the municipal and provincial electoral campaign in October, eight candidates were killed by terrorists. There were also instances throughout the year of terrorists stopping buses and cars and murdering civilian passengers. In some cases the victims apparently were murdered merely because they were young men of draft age eligible for military service. Terrorists also were responsible for the large massacres of civilians in Haouch Boughlef in April, El-Oumaria in May, and Larbaa in August. These collective massacres often resulted in the displacement of large numbers of survivors. The press reported that at least 313 persons were killed by terrorists within a 30 mile radius of greater Algiers during the last 3 months of the year. On December 31, over 300 persons reportedly were killed in the western province of Relizane.

Terrorist bombs also killed hundreds of persons. In some cases, the terrorists targeted government buildings. In others they sought to retaliate against the families of members of the security services by exploding car bombs outside their homes. Terrorists also left bombs at several street markets during the year. In rural areas, terrorists continued to plant bombs and mines, often to prevent security forces from pursuing them following an attack.

In January Algeria's top labor leader, Abdelhak Benhamouda, the Secretary General of the General Union of Algerian Workers (UGTA), was killed in front of UGTA headquarters. Benhamouda was well-known for being anti-Islamist, and he had been at the forefront of the calls for the cancellation of the 1991 legislative elections won by the FIS. Since 1993 at least 59 journalists and 120 foreigners have died in terrorist attacks.

b. Disappearance

There continued to be credible reports of disappearances, and security forces appear to have been involved in numerous cases. For example, in April journalist Aziz Bouabdallah was taken forcibly from his apartment by men in civilian clothing. He has not yet reappeared. A university professor was kidnaped as he left the university. His whereabouts also remain unknown. In July a surgeon who had been released from prison in 1995 after 4 years of detention without trial was abducted a few weeks after having been summoned by the police for questioning. In addition, many previously-recorded cases remain unresolved. The Government asserted that terrorists disguised as security forces perpetrated numerous incidents.

Terrorist groups kidnaped hundreds of civilians, including family members of security service members. Sometimes the mutilated corpses of such victims were later found. In many other instances, however, the victims disappeared, and their families could obtain no information about their fate.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

Both the Constitution and legislation ban torture and other cruel, inhuman, or degrading treatment. However, according to human rights groups and lawyers, the police regularly resort to torture when interrogating persons suspected of being involved with, or of having sympathies for armed Islamists. There were several credible reports of torture at the Algiers police facility called Chateau Neuf.

There were repeated reports that police applied to prisoners a technique called "le chiffon," in which a cloth soaked in noxious fluid was put in the victim's mouth. There were also reports that the police applied electric shocks to sensitive body parts and sexually molested female prisoners. Police beatings of detainees appeared to be common. Many victims of torture hesitate to make public allegations due to fear of government retaliation. The Interior Ministry in 1992 said that it would punish those individuals who violated the law and practiced torture, but it has never revealed whether any of those individuals responsible for torture have been punished. On more than one occasion, however, the police have stated in writing, in response to specific complaints filed by human rights organizations, that they would punish individual policemen found guilty of committing torture. In March the National Observatory for Human Rights (ONDH), which is affiliated with the Government, announced that "over sixty" soldiers, policemen, communal guards, and local self-defense forces members would soon face charges in regular criminal courts of violating individual liberties and committing torture. Specifically, the ONDH mentioned: The case of a group of local self-defense force members who had abused a group of citizens in Bougara; the case of a policeman accused of having killed a civilian in Merouana; and the case of a communal guard who had used his weapons "for his own purposes" in Boufarik. The outcome of these cases is unknown. On December 31, ONDH President Rezzag Bara told the Arabic-language daily newspaper, El-Khabar, that the ONDH registered several dozen individual cases of human rights violations during the year. Judicial proceedings were conducted in courts of military justice for military personnel and members of local self-defense forces and in civil courts for members of the security services. Rezzag Bara said the courts meted out very stiff sentences.

There were unconfirmed reports that security services personnel were responsible for several instances of rape.

Armed groups also committed many abuses such as beheading, mutilating, disemboweling, and dismembering their victims, including infants and pregnant women. There were also credible reports of children being forced to drink the blood of their murdered parents. There were frequent reports of young women being abducted and repeatedly raped, often for weeks at a time. The terrorists sought to justify this sexual abuse by referring to it as "temporary marriage," but all other observers, including Islamic scholars, uniformly condemned the practice as rape.

Armed Islamist terrorists committed hundreds of rapes of female victims, most of whom were subsequently murdered.

Prison conditions are poor, and prisons are very overcrowded. According to human rights activists, cells often contain several times the number of prisoners for which they originally were designed. Medical treatment for prisoners is available but is also severely limited.

The Government does not permit independent monitoring of prisons or detention centers by groups such as the International Committee of the Red Cross (ICRC) or Amnesty International.

d. Arbitrary Arrest, Detention, or Exile

The Constitution prohibits arbitrary arrest and detention; however, the security forces continued arbitrarily to arrest and detain citizens. The Constitution stipulates that incommunicado detention in criminal cases prior to arraignment may not exceed 48 hours, after which the suspect must be charged or released. According to the Antiterrorist Law of 1992, the police may hold suspects in prearraignment detention for up to 12 days; they also must inform suspects of the charges against them. In practice, however, the security forces routinely ignore this 12-day limit.

The most prominent case involving a prisoner held incommunicado is FIS Vice President Ali Benhadj; his family has heard nothing about him since mid-1995 despite repeated approaches to the Justice Ministry by Benhadj's lawyers. In addition, a number of lawyers who had defende

 
Headquarters:  Amazigh World (Amadal Amazigh), North America, North Africa

amazighworld@gmail.com

Copyright © 2002  AmazighWorld. All rights reserved.