Non-refoulement and collective expulsion
(9)
The Committee is concerned about allegations received of collective expulsions of migrants in violation of
their basic right to have their case reviewed individually and to appeal against the expulsion decision. The
Committee is also concerned that some persons might be expelled to States where they risk being subjected to
torture (art. 3).
The State party should fully implement the provisions of article 3 of the Convention and ensure that
the persons under its jurisdiction have their cases duly considered by the competent authorities and
receive fair treatment during all stages of the procedure, including the opportunity to request an
effective, independent and impartial review of the relevant expulsion or removal decisions, and to
exercise the right of appeal.
In this respect, the State party should ensure that before the authorities responsible for overseeing
foreign nationals take a decision to expel a foreign national who has entered or is residing illegally in
Algeria, they conduct a thorough review of the situation in all cases to ensure that the person
concerned would not be subjected to torture or inhuman or degrading treatment in the country to
which he or she could be sent.
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.
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