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263. ~he Committee considered the initial report of Algeria (CAT/C/9/Add.5) at
its 79th and 80th meetings, held on 25 April 1991 (CAT/C/SR.79 and 80).
264. The report was introduced by the rerresentative of the State party, who
referred to the ongoing process of legal reform in his country. In this
context, he drew the attention of members of the Committee to the adoption of
a law in March 1990 clearing the path for the establishment of a mUlti-party
system in hlgeria.
265. The members of the Committee commended the Government of Algeria for the
quality of its report and expressed their appreciation for the democratic
nature of the process of legal reform. With regard to the form of the report,
it was noted thRt the first part contained perhaps too much information of a
general nature, which was of little direct relevance to the Implement&tion of
the Convention. Members of the Committee wished to receive additional
information on the revisions made in the organization of the jUdiciary, wi~h
emphasis on training, conditions for nomination and dismissal, disciplinary
provisions and the political rights of judges. They also wished to know how
the provisions for the protection of jUdges against all forms of pressure were
put into practice; whether the jUdge's obligation to conciliate between
parties in a litigation pertaining to administrative law might not lead to an
arbitrary result in the case of an individual opposing public authorities; and
whether reparation could be obtained for judicial errors. Information was
sought also on the establishment, membership and powers of the National
Comm1ttee against Torture and the Constitutional Council.
266. Noting that international treaties were accorded precedence over domestic
law, members of the Committee asked whether any specific laws had been adopted
implementing the Convention. They also wishea to be provided with information
of a general nature on the laws and measures governing prison administration
and on the role of the armed forces in the maintenance of order. Additional
information was requested with rogard to the competence of tribunals during
the state of exception and the validity of their earlier rulings and on the
application of the death penalty in Algeria. Members of the Committee also
asked what the scope was of the amnesty mentioned in paragraph 7 (1) of the
r9port and whether the victims of the crimes involved had been compensated.
267. With regard to article 1 of the Convention, members of the Committee
asked whether the definition of torture in article 1 of the Convention applied
in Algeria by virtue or the integration of the Convention in domestic
leghlatlon.
268. With cegard to article 2 of the Convention, members of the Committee
wished t.o know what measures had been taken to prevent torture, especially
with rogard to rules of interroqation of detainees and possibilities for
complaint i •• cases of ill-treatment. They also wished to know whether any
amendments were envisaged with regard to legislation on the state of
emergency; under what circwnstances a state of emergency could be proclaimed
and whether a state o( emergency ·:vuJ d suspend the r iqhts of a detainee to
communicate wihl a lawyer and tn have access to medical care; and whether the
bon on torture could be lifte~ in such circumstances. Finftlly, it was asked
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