Algeria - annual report 2019

Details: Published: July 1, 2020

Final conference of the penitentiary reform project. Mokhtar Felioune, General Director of the Algerian penitentiary authority at the speaker’s desk; Anne Katharina Zimmermann, Federal Ministry of Justice and Consumer Protection; Mohamed Zougar, Algerian Ministry of Justice; Andreas Fiedler, German Embassy in Algiers; Dr Frauke Bachler, IRZ (from left to right)

Strategic Framework

Legal Policy Starting Point

Unlike other Arab countries in the region, conditions in Algeria have long been viewed as stable. But following massive protests by the population, President Abdelaziz Bouteflika was forced to resign in April 2019 after 20 years in power. This has initiated a transformation process, although how it ultimately plays out remains to be seen. Presidential elections were held in December 2019, from which Abdelmadjid Tebboune emerged as the winner.

Various reform processes have already been initiated within the judicial field in recent years, especially in sub-areas of criminal and penitentiary law. Nonetheless, there is still substantial need for counselling on how to proceed with the reforms and their implementation.

The Algerian legal system is essentially based on the French model.

The courts usually do not exercise control over the executive branch. Although administrative court jurisdiction is well established, legal process is rarely sought. The Commission for the Reform of the Judiciary set up by the former president in 2000 did not achieve any structural improvements. The independence of the judiciary enshrined in the Constitution is not fully guaranteed in practice. Especially in criminal proceedings with political relevance the executive branch exerts direct influence on the courts. Moreover, existing laws are not uniformly applied in many cases, resulting in low levels of public confidence in the judiciary.

There is also a continuing need for reform in the area of the penitentiary system because, among other things, the Algerian penal system does not always guarantee prison conditions in accordance with human rights standards. Since pre-trial detention in particular is imposed with disproportionate frequency, there are problems due to the overcrowding of detention rooms and prisons in general.

Overall Concept

Until the end of 2019, IRZ carried out a very successful project in the field of the penitentiary system and resocialisation, the first phase of which was funded by the Federal Foreign Office. This cooperation with the Algerian Ministry of Justice and the country‘s penitentiary authority produced a two-part handbook on “Prison conditions in accordance with human rights standards“ and “Individual rehabilitation plan/classification of inmates“, which was then made available to staff within the penitentiary service. In addition, IRZ joined with its Algerian partners to prepare important guidelines for cooperation with external actors and recommendations for training of prison staff.

Focus of Activity in 2019

Administration of Justice

Conference “Appeal on points of law of courts of highest instance“ in cooperation with the German Federal Bar, the Algerian Bar and the Algerian Supreme Court in Algiers

Criminal Law and Penitentiary Law

Meeting in Algiers of the Reform Commission set up as part of the project, with the aim of adapting the topical priorities and activities of the four working groups envisaged in the project and discussing the next steps in the work on the handbook, guidelines and recommendations
Two workshops in Algiers by the working groups “Treatment of inmates in accordance with human rights standards during the admission process“ and “Individual rehabilitation plan and classification“ to continue preparing the handbooks, as well as to draft recommendations for the Algerian penitentiary system
Study trip by a delegation to North Rhine-Westphalia on “Cooperation with external actors“ and “Training of prison staff“
Two workshops by the working groups “Cooperating with external actors“ and “Training for prison staff“ to prepare a guideline for cooperating with external stakeholders, as well as recommendations to modernise the basic training curricula within the Algerian penitentiary system
Final conference in Algiers to present the results of the four working groups
Symposium in Berlin on the practice of international legal assistance in criminal matters, with participants from the Ministries of Justice and the Public Prosecutors‘ Offices of Algeria, Jordan, Morocco, Senegal and Tunisia

Outlook

In addition to intensifying the already established cooperation with the Ministry of Justice and the penitentiary authority as part of a comprehensive sustainability phase for the implementation of the manuals financed by a grant from the Federal Ministry of Justice and Consumer Protection, IRZ 2020 also intends to support the modernisation of procedural law, in particular the Conseil d‘Etat.

Given the current political situation in the country, this is an appropriate starting point for expanding cooperation with Algeria and assisting in coming to terms with the Bouteflika regime. Among other things, IRZ intends to support the establishment of a further training system for the judiciary of the Conseil d‘Etat and develop recommendations for reducing the number of court cases.

There are also plans to strengthen interministerial cooperation in criminal matters with regard to international requests for mutual legal assistance, investigation and enforcement assistance. IRZ will also accompany the reforms in criminal procedure law in 2020. The ultimate aim is to achieve a reduction in the length of prison sentences and to increase the use of alternative sanctions.