Violence against women
(15) The Committee expresses its concern at reports of several thousand cases of rape of women by members of
the armed groups during the internal conflict in the State party. The Committee is also concerned about the lack of
investigations, prosecutions and punishment of members of armed groups in rape cases and the lack of
compensation and medical, psychological and social rehabilitation of the victims of such acts (arts. 12 and 14).
The State party should ensure that the identified perpetrators of sexual violence are prosecuted and
duly punished. It should also appoint an independent commission to investigate acts of sexual violence
committed during the internal conflict and make the results of the investigation public. The State party
should also ensure that all the victims of sexual violence committed during the internal conflict receive
prompt and adequate compensation and medical, psychological and social rehabilitation. These
recommendations are consistent with those contained in the report which the Special Rapporteur on
violence against women, its causes and consequences, presented to the Human Rights Council
(A/HRC/7/6/Add.2).
Acts of mob violence
(16) The Committee is concerned about information received concerning many acts of mob violence against
religious minorities and persons who are lawfully seeking alternative modes of expression and behaviour. The
Committee is alarmed, among other things, about information concerning repeated acts of violence and collective
rapes suffered by women, including single women, suspected of prostitution by their neighbours, particularly in
Hassi Messaoud and Tebessa. The Committee is also concerned about the State party’s inability to conduct an
investigation to prosecute the perpetrators of such acts (arts. 12 and 16).
The State party should ensure that all necessary steps are taken to investigate cases of mob violence,
particularly collective violence targeting religious minorities and people who are seeking alternative
modes of expression and behaviour, in order to prosecute and punish the perpetrators of such acts of
violence.
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).
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