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Jurist Rights group calls for compliance with rights safeguards ahead of retrial in Algeria

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Dadparvar

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Nov 11, 2016
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Amnesty International on Friday pressed for Algerian authorities to ensure that the upcoming retrial of 94 individuals in the events of August 2021 in the Kabylie region complies with international human rights safeguards, emphasizing the importance of avoiding the death penalty or any form of torture.

The retrial, which is expected to take place on the March 1, 2026, at the Algiers Court of Appeals comes after the Supreme Court had previously overturned an appeal ruling in late November 2024, citing the misapplication of law by the court. The main legal flaws in the initial trials held at the Court of Appeal were allegations of unfair trial violations, defendants reporting that their confessions were obtained under torture, a lack of prosecution evidence and significant due process hurdles, such as defense lawyers being unable to cross-examine prosecution witnesses.

Deputy Regional Director for the Middle East and North Africa at Amnesty International, Diana Eltahawy commented on the severity of the issue, stating: “The flawed investigation and grossly unfair trial that led to these callous death sentences are a stain on Algeria’s justice system. The new trial represents an important opportunity for the Algerian authorities to end the travesty of justice, redress past violations and ensure accountability without recourse to the death penalty.”

In August 2021, Algerian artist Djamel Ben Ismail was wrongly accused of starting the fatal fires that would ravage 18 provinces in Algeria, leading to the deaths of around 90 people. Ismail was subsequently tortured and murdered by angry locals, with graphic footage of the incident spreading through various social media platforms. In November 2022, an Algerian court handed down death sentences to 49 people for their roles in the gruesome murder, with 38 death sentences being upheld in October 2023.

Amnesty has criticized the prosecution of these defendants as a violation of the rule of law, stating that the convictions against at least 10 of the accused appears to be politically motivated, as they are affiliated with the opposition group, Movement for the Self-determination of Kabylie (MAK), which has been designated as a terrorist organization by authorities. Additionally, some defendants were charged in absentia, a clear erosion of international human rights safeguards as it fundamentally conflicts with the right to be present at one’s trial. This is a direct contravention of Article 14(3)(d) of the International Covenant on Civil and Political Rights (ICCPR), which guarantees the right to a fair trial and Article 7 of the African Charter on Human and Peoples’ Rights, both of which Algeria is a party to.

Although Algeria has not carried out any executions since 1993, the fate of the individuals who were charged remains to be seen.

The post Rights group calls for compliance with rights safeguards ahead of retrial in Algeria appeared first on JURIST - News.

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