CAT/C/DZA/CO/3
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Right to an effective remedy
17. While noting the assurances given by the Algerian delegation that article 46 of order
No. 06-01 implementing the Charter for Peace and National Reconciliation does not constitute
an obstacle to exercise of the right to an effective remedy, the Committee nevertheless remains
concerned that this provision specifies imprisonment for three to five years and a fine for anyone
who undermines the institutions of the State party, insults the honour of its officials or sullies the
image of the State party at the international level. The Committee is concerned that this
provision could restrict the right of any person who claims to have been subjected to torture in
the territory of the State party to file a complaint before the competent judicial authorities or to
refer the matter to the Committee in accordance with article 22 of the Convention (art. 13).
The State party should amend article 46 of order No. 06-01 implementing the Charter
for Peace and National Reconciliation in order to guarantee to any person who claims
to have been subjected to torture the right to an effective remedy at both the national
and international level, in accordance with article 13 of the Convention. The State
party should also inform the public of its right to refer cases to the Committee under
article 22 of the Convention.
Use of confessions in legal proceedings
18. While noting the Algerian delegation’s assurances that confessions are used only for
information purposes in legal proceedings, in accordance with article 215 of the Code of
Criminal Procedure, the Committee remains concerned about the lack of a provision in the State
party’s legislation clearly specifying that any statement that is proved to have been obtained as a
result of torture may not be cited as evidence in any proceedings, in accordance with article 15 of
the Convention. In addition, the Committee is concerned that article 213 of the Code of Criminal
Procedure specifies that, “as with any evidence, the evaluation of confessions is a matter for the
judge”, as well as information received that confessions obtained as a result of torture have been
admitted in legal proceedings (art. 15).
The State party should amend its Code of Criminal Procedure to make it fully
consistent with article 15 of the Convention. The State party should also provide the
Committee with information on the number of cases where confessions made under
torture, duress or threat have not been admitted as evidence.
Corporal punishment and violence within the family
19. While noting with satisfaction that corporal punishment against children is forbidden in
school, the Committee remains concerned about the lack of any provision in the legislation of the
State party prohibiting the use of this practice within the family. The Committee also notes with
concern the lack of any provision in its domestic legislation prohibiting domestic violence
against women (art. 16).
The State party should incorporate into its domestic legislation a provision
prohibiting the use of corporal punishment against children within the family and
domestic violence against women.