Amnesty International on Feb. 27 pressed [7] for Algerian authorities to ensure that the retrial of 94 people in the violent events of August 2021 in the Kabylie region complies with international human rights safeguards, emphasizing the group's opposition to the death penalty and warning against any form of torture.
The retrial, opening this week at the Algiers Court of Appeals, comes after the Supreme Court overturned an appeal ruling against the defendants in November 2024. The Supreme Court found legal flaws [12] in the Court of Appeal ruling, including fair trial violations, claims by the defendants that their confessions were obtained under torture, a lack of prosecution evidence, and significant due process hurdles, such as defense lawyers being unable to cross-examine prosecution witnesses.
Deputy regional director for the Middle East and North Africa at Amnesty International, Diana Eltahawy, commented: "The flawed investigation and grossly unfair trial that led to these callous death sentences are a stain on Algeria’s justice system. The new trial represents an important opportunity for the Algerian authorities to end the travesty of justice, redress past violations and ensure accountability without recourse to the death penalty."
In August 2021, Algerian artist Djamel Ben Ismail was wrongly accused [8] of starting the devastating wildfires [9] that ravaged 18 provinces in Algeria that year, leading to the deaths of around 90 people. Ismail was subsequently tortured and murdered by angry locals, with graphic footage of the incident spreading through various social media platforms. In November 2022, an Algerian court handed down death sentences to 49 people for their roles in the gruesome murder, with 38 death sentences being upheld in October 2023.
Amnesty has criticized the prosecution of these defendants as a violation of the rule of law, stating that the convictions against at least 10 of the accused appear to have been politically motivated, as they were affiliated with the regional opposition group, Movement for the Self-determination of Kabylie (MAK), which has been designated [10] as a terrorist organization by authorities. Additionally, some defendants were charged in absentia, a violation of international standards as it conflicts with the right to be present at one’s trial. This is a direct contravention of Article 14(3)(d) [13] of the International Covenant on Civil and Political Rights (ICCPR), which guarantees the right to a fair trial and Article 7 [14] of the African Charter on Human & Peoples' Rights, both of which Algeria is a party to.
As Algeria has not carried out [15] any executions since 1993, the trials will be closely watched by international opponents of the death penalty.
From JURIST [16], March 2. Used with permission. Internal links added.
