CAT/C/DZA/CO/3
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Training of law enforcement personnel
10. While taking note of the information provided by the delegation of the State party
concerning its efforts to provide human rights training for law enforcement personnel, the
Committee nevertheless remains concerned at the many serious allegations which it has received
of cases of torture and abuse inflicted on detainees by law enforcement officers, including
officers of the Intelligence and Security Department (art. 10).
The State party should step up its efforts to provide education and training on the
prohibition against torture, especially among Intelligence and Security Department
officials, and establish evaluation and monitoring mechanisms to measure the results.
Impunity of members of armed groups and State officials
11. The Committee takes note of the fact that order No. 06-01 establishing the Charter for
Peace and National Reconciliation provides for an amnesty for members of armed groups and
State officials. The Committee notes that members of armed groups who have given themselves
up to the authorities will not be prosecuted or will be given a reduced sentence as long as they
have committed no mass killings, bomb attacks or rapes (chap. 2). The Committee reminds the
State party that prosecution may not be waived under any circumstances for other international
crimes such as torture or enforced disappearance. The Committee also notes, with respect to
State officials, that article 45 of the order specifies that “no proceedings may be instituted
individually or collectively against any of the components of the defence and security forces of
the Republic for actions taken to protect persons and property, safeguard the nation and preserve
the institutions of the Republic of Algeria”, without excepting international crimes such as
torture or enforced disappearance. These provisions are not consistent with the obligation of
every State party to conduct an impartial investigation wherever there is reasonable ground to
believe that an act of torture has been committed in any territory under its jurisdiction, to
prosecute the perpetrators of such acts and to compensate the victims (arts. 12, 13 and 14).
The State party should amend order No. 06-01, article 45, chapter 2, to specify that
waivers of prosecution do not apply under any circumstances to crimes such as
torture, including rape, and enforced disappearance, which are crimes to which
the statute of limitations does not apply. The State party should immediately take
all necessary steps to guarantee that past or recent cases of torture, including
cases of rape, and enforced disappearance, are investigated systematically and
impartially, the perpetrators of such acts are prosecuted and punished in a manner
commensurate with the gravity of the acts committed and the victims are adequately
compensated. To that end, the Committee draws the attention of the State party to
paragraph 5 of its general comment No. 2 (2007), in which it expressed the view that
amnesties or other impediments which preclude or indicate unwillingness to provide
prompt and fair prosecution and punishment of perpetrators of torture or
ill-treatment violate the principle of non-derogability.