CCPR/C/118/D/2128/2012 3.6 Referring to the Committee’s general comment No. 20 on the prohibition of torture or other cruel, inhuman or degrading treatment or punishment (1992), the author also cites article 7 of the Covenant and claims that the conditions in which he was held at the Mascara and Ghriss prisons were inhuman and degrading. 3.7 In connection with article 10 of the Covenant, the author again refers to the conditions of detention in Mascara and Ghriss prisons and, in particular, to the fact that the dormitories were too small for the number of prisoners who were held in them. He argues that this constituted a violation of prisoners’ right to be treated with humanity and with respect for their dignity. 3.8 The author also cites article 17 (1) of the Covenant, stating that he was the victim of unlawful attacks on his honour and reputation. After his release on 5 July 2010, he spent nine months with no work or income, as his retirement pension did not start to be paid until March 2011. No employer in the area would hire him because of his conviction. 3.9 Lastly, the author refers to article 2 (3) of the Covenant, noting that, after his release on 5 July 2010, he dared not bring a complaint regarding the inhuman treatment to which he had been subjected in prison for fear of reprisals, since articles 144 and 300 of the Algerian Criminal Code prescribe criminal penalties for anyone bringing complaints against the authorities or criticizing the actions of judicial authorities. The author repeats that the absence of accessible, effective and enforceable remedies is a violation of article 2 (3). 3.10 The author therefore requests the Committee to find that the State party has violated article 2 (3), read in conjunction with articles 7, 10 (1), 14 (1), 14 (3) (b), (c) and (d), 17 (1) and 19 of the Covenant, and to recommend that the State party take all necessary measures to: (i) amend article 147 of the Constitution,4 which undermines the impartiality of the courts;5 (ii) amend article 144 of the Criminal Code, which undermines freedom of expression; (iii) amend article 300 of the Criminal Code, which is contrary to article 14 of the Covenant and to the United Nations Convention against Corruption; (iv) amend article 505 of the Code of Criminal Procedure, which undermines the right to mount one’s own defence; (v) amend article 508 of the Code of Criminal Procedure, which is contrary to article 14 (3) (b) of the Covenant; (vi) amend the law on legal aid, since the eligibility criteria are unreasonable; and (vii) take the necessary measures to guarantee the author full redress for the harm suffered. deems fit, at the expense of the guilty party, provided that such expense does not exceed the maximum fine specified above.” Article 144 bis (as amended) stipulates the following: “Anyone who offends the President of the Republic by insult, abuse or defamation in the form of written text, drawings, speech, or words or images in any other form and in any medium, whether electronic, computer-based or informaticsbased, shall be liable to a fine of from DA 100,000 to DA 500,000. Criminal proceedings shall be instituted ex officio by the public prosecutor. The fine shall be doubled for a repeat offence.” 4 5 GE.16-23057 Article 144 ter (new) stipulates the following: “Anyone who insults the Prophet (peace and blessings be upon him) or the messengers of God or denigrates the teachings or tenets of Islam in writing, drawings or speech, or by any other means, shall be liable to a term of imprisonment of from 3 to 5 years and/or a fine of from DA 50,000 to DA 100,000. Criminal proceedings shall be instituted ex officio by the public prosecutor.” Now article 165 (since the Constitution was amended in 2016). This article provides that “judges shall obey only the law”. 7