276. With reference to article 14 of the Convention, members of the Committee
asked whether a victim of torture inflicted upon him by an agent of the State
could obtain compensation by invoking the criminal responsibility of the agent
before a criminal tribunal or by invoking the responsibility of the State
before an administrative tribunal and whether the same procedures would apply
to aliens. Members of the Committee also inquired whether there had been any
requests for compensation by torture victims and, if so, in what form the
compensation had been awarded, what forms of rehabilitation were applied, and
whether there were any rehabilitation centres in Algeria.
277. In connection with article 15 of the Convention, members of the Committee
wished to know whether there had been any cases in which statements obtained
through the application of coercion had been rejected by tribunals and Whether
such rejection was automatically applied, as provided by the Convention, even
in the absence of precise provisions to that effect in Algerian legislation.
278. In reply to comments made by the members of the Committee, the
representative of Algeria said that the exhaustive nature of the first part of
the report could be explained by the fact that his Government's competent
authorities had endeavoured to highlight the politico-legal context in which
Algeria had been evolving since its independence.
279. With regard to questions raised concerning the Constitutional Council, he
explained that the Council was composed of seven members under the presidency
of a former Minister of Justice and was responsi.ble for guaranteeing
compliance with the Constitution. Turning to the organization of the
judiciary, he said that a number of measures had been taken to strengthen its
independence. Judges were required to obey only the law and anyone who
attempted to influence or threaten them was punishable under civil law. The
new statutes of the Supreme Council of Justice excluded representatives from
the Ministry of Justice from participating in disciplinary sessions so that
magistrates would be jUdged by their peers only. The provision prohibiting
judges from joining political associations was also aimed at strengthening the
independence of the judiciary. However, judges were permitted to join trade
unions. Lawyers were no longer considered as officers of the court but as
agents contributing to the protection of individual freedoms. The procedure
for appeal agai~~t acts by the authorities had also been improved by
increasing the number of chambers and magistrates. There were 31 courts of
appeal and a Supreme Court as well as military courts. The latter were
competent only to deal with offences committed by military personnel in
military areas.
280. With reference to the organization of the investigative authorities, the
representative explained that, while the police was under the Ministry of the
Interior and the gendarmerie under the Ministry of Defence, both the police
pnd the gendarmerie as judicial police officers were subject to the
supervision of the Chief Prosecutor, who monitored the activities of the
judicial police and, if necessary, challenged any Official who acted in excess
of his powers. The Amnesty Law passed in August 1990 covered all offences
committed during the state of emergency between 1980 and 1988 and all people
who had committed offences against the security of the State between 1980 and
February 1989. With regard to the issue of capital punishment, the
representative stated that since the 1960s the Supreme Court o~ the Court of
Cassation had overturned all death sentences passed by the criminal courts for
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