E/CN.4/1994/31
page 11
26.
With respect to this case the Government indicated on 15 November 1993
that following his arrest on 27 October 1992 Nadir Hammoudi had been brought
before the Government Procurator’s Office in Algiers on 7 November 1992 and
charged under the Act to combat subversion and terrorism. The National Human
Rights Observation Centre (ONDH) had approached the authorities concerned and
Mr. Hammoudi himself on a number of occasions in order to obtain accurate
information on the situation concerning his arrest and custody. ONDH had yet
to receive a reply. Moreover, neither the parents of the defendant nor his
lawyers had filed any complaint requesting a judicial investigation or an
expert medical opinion.
27.
Mohamed Yassine Simozrag was allegedly arrested at his home in Algiers
on 23 July 1993 and held incommunicado for more than 20 days. His family and
lawyer were able to visit him in Al-Harrach prison on 18 August and saw that
he had contusions. He reportedly stated that he had been tortured by the "rag
method", which involved tying the victim to a chair and trying to choke him
with a rag soaked in dirty water and chemicals.
28.
On 15 November 1993 the Government informed the Special Rapporteur that
Mohamed Yassine Simozrag was arrested on 28 July 1993 in the company of a
terrorist wanted for his involvement in several attacks. On the expiry of
the legal period of custody, he had been brought before the Government
Procurator’s Office in Algiers and then had had a detention warrant issued
against him after being charged in the context of the Act for the repression
of terrorism and subversion. Two lawyers had been appointed to represent and
defend Mr. Simozrag, who had received regular visits from them.
29.
Following allegations of ill-treatment of the defendant during his
custody, ONDH made a number of representations to the legal authorities
concerned. One of the lawyers, on being contacted by ONDH, stated that no
request for an expert medical opinion or a judicial investigation of
ill-treatment during custody had been made; a visit to his client had enabled
him to establish that the latter had not been physically harmed.
30.
By the same letter of 15 November 1993 the Government indicated that its
position on the question of torture had always been and continued to be a firm
and unambiguous condemnation of this odious practice. This position was
expressed, in particular, through Algeria’s accession, without any reservation
whatever, to the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment.
31.
Despite being confronted with terrorist activities arising out of
religious extremism, Algeria had continued its efforts to safeguard democracy
and protect human rights within the context of internationally recognized
human rights principles. Temporary restrictions on the exercise of certain
freedoms had not, therefore, gone beyond the limits expressly laid down by the
International Covenant on Civil and Political Rights, to which Algeria was a
party. Moreover, abuses of any kind were controlled by machinery which
provided the persons concerned and those who defended them with every
opportunity to denounce such acts, which, should they be proved, were treated
accordingly, with the perpetrators being punished. Allegations which the
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