The International League Against Arbitrary Detention urges the Government of Algeria to take all the necessary actions to implement the United Nations Working Group on Arbitrary Detention Opinion No. 53/2023 concerning Abderrahmane Zitout, asking the Algerian Government to immediately and unconditionally release him and to accord him an enforceable right to compensation and other reparations in accordance with international law.
Read the full WGAD Opinion concerning Abderrahmane Zitout (Algeria): Opinion No. 53/2023.
ASSOCIATION WITH AN EXILED POLITICAL ACTIVIST AND ACCUSATIONS OF TERRORISM
Abderrahmane Zitout is an Algerian shop owner born in 1982. He was reportedly arrested on 30 March 2022 by around ten armed agents, in plain clothes and/or uniforms, while he was in his clothing store, on the ground floor of his family home.
The source claimed that Mr. Zitout's arbitrary detention is the result of a family member's peaceful political activism for the establishment of the rule of law in Algeria, and his association with the Rachad and Hirak movements. The latter has reportedly been in exile since 1995 for denouncing serious human rights violations committed by the Algerian authorities during the civil war, and has thus been placed on the Algerian Government's list of “terrorist” individuals. Mr. Zitout's arbitrary detention is said to be a means of pressure used by the Government, also against other members of his family.
Following his arrest, Mr. Zitout was taken and held at an unknown location until 4 April 2022. He was questioned at length about his relationship with the exiled family member, and not about his own activity or membership of a terrorist group. He then appeared in court on 5 April 2022 and was charged with terrorism under various provisions of the Penal Code, including having joined and participated in associations, groups and organizations, notably the Rachad movement, with terrorist and subversive motives and engaged in terrorist and subversive activities falling under article 87 bis of the Criminal Code.
On 23 July 2023, Mr. Zitout was reportedly convicted and sentenced to 2 years’ imprisonment for contempt for constituted bodies and for publishing false information with the aim of undermining public order and public safety.
Although the Working Group gave the Algerian Government the opportunity to respond to these allegations, it failed to do so within the allotted time.
ENFORCED DISAPPEARANCE, WITHOUT BEING INFORMED OF THE REASONS FOR HIS ARREST AND WITHOUT CONTROL OF HIS DETENTION
Mr. Zitout was not informed of the reasons for his arrest or of the charges against him at the time of his arrest, in violation of article 9(2) of the Covenant. He did not appear before a judicial authority until six days after his arrest, without the Government providing any justification for this delay. As a result, the Working Group established that Mr. Zitout's right to be brought promptly before a judge following his arrest, guaranteed by article 9 (3) of the Covenant, had been violated.
Mr. Zitout's pre-trial detention was ordered despite the total absence of material evidence in his case file and without any individual determination of its necessity. Moreover, at the time of the source's communication to the Working Group, his pre-trial detention had lasted for over a year. The Working Group considered that such pre-trial detention was contrary to article 9 (3) of the Covenant.
Following his arrest, Mr. Zitout's place of detention remained unknown until 4 April 2022. As a result, he was deprived of all contact with his family and lawyers for five days. The Working Group therefore considered that this constituted a violation of his right to challenge the lawfulness of his detention before a court, in accordance with article 9 (4) of the Covenant. In addition, the Working Group considered that this constituted an enforced disappearance, in violation of articles 9 and 14 of the Covenant. The Working Group also considered that Mr. Zitout's right to an effective remedy, guaranteed by article 8 of the Universal Declaration of Human Rights and article 2 (3) of the Covenant, as well as his right to be protected by law, guaranteed by article 6 of the Universal Declaration of Human Rights and article 16 of the Covenant, had been violated.
In view of the foregoing, the Working Group concluded that Mr. Zitout's arrest and detention had no legal basis, in violation of articles 3 and 9 of the Universal Declaration of Human Rights and article 9 of the Covenant, and were therefore arbitrary under Category I.
DETENTAINED FOR EXERCISING HIS RIGHT TO FREEDOM OF EXPRESSION, UNDER A VAGUE AND IMPRECISE CRIMINAL PROVISION OF TERRORISM
The Government submitted that Mr. Zitout had been arrested and detained for being in possession of leaflets against the Algerian State and praising the actions of the Rachad movement, classified as terrorist, as well as for having published them. Accordingly, the Working Group considered that the Government had recognized that Mr. Zitout had been prosecuted for exercising his right to freedom of expression. The Working Group noted the pacifist nature of the Rachad movement's activities, and the Government's failure to demonstrate the violent nature of the leaflets Mr. Zitout had allegedly published. Mr. Zitout has therefore been detained for having exercised his right to liberty of freedom of expression and opinion, enshrined in article 19 of the Covenant and article 19 of the Universal Declaration of Human Rights. This right was thus violated.
In addition, the Working Group expressed its concern at the vagueness and misuse of the anti-terrorist provisions of article 87 bis of the Penal Code, under which Mr. Zitout was allegedly detained. Such a provision defined in overly broad and vague terms can lead to the proscription of the exercise of rights guaranteed by international law, as in the present case.
The Working Group noted that this reinforced its conclusion as to the arbitrary nature of Mr. Zitout's detention under category II.
LACK OF ACCESS TO A LAWYER, ADMISSION OF EVIDENCE OBTAINED BY TORTURE
Mr. Zitout was denied access to a lawyer of his choice during the first 5 days following of his arrest, which the Government denied, stating that Mr. Zitout had been the one refusing to take a lawyer. However, finding this response insufficient, the Working Group considered that Mr. Zitout's right to legal assistance by counsel of their choice, as guaranteed by article 14 (3) (b) and (d) of the Covenant, had indeed been violated.
In addition, the Working Group also upheld the source's allegations that the arrest and charges against Mr. Zitout were based on third-party confessions obtained through torture. The admission of such evidence renders the entire proceedings unfair and contrary to article 14 of the Covenant and article 10 of the Universal Declaration of Human Rights.
The Working Group therefore considered that the violations of Mr. Zitout’s right to a fair trial were of such gravity as to render his deprivation of liberty arbitrary under category III.
REPRISALS FOR THE POLITICAL ACTIVISM OF AN EXILED FAMILY MEMBER
Considering Mr. Zitout's questioning about his relationship with his exiled family member, the frequent summonses of other family members for similar questioning, and the absence of evidence to the contrary from the Government, the Working Group concluded that Mr. Zitout was detained on a discriminatory basis. In particular, because of his family ties and in retaliation for the activism and political views of his exiled family member. This is a case of guilt by association, which consequently violates articles 2 and 7 of the Universal Declaration of Human Rights and articles 2(1) and 26 of the Covenant.
The Working Group therefore considered Mr. Zitout's detention to be arbitrary under category V.
SOLITARY CONFINEMENT AND WORRYING STATE OF HEALTH
Finally, the Working Group expressed concern at the source's allegations that Mr. Zitout went on hunger strike in 2022 and again in 2023, in protest against his prolonged pre-trial detention. The Working Group also stressed that solitary confinement should be used only in exceptional cases as a last resort, for as short a time as possible (and less than 15 consecutive days), subject to independent review and pursuant to authorization by a competent authority. The Working Group also recalled that a detainee’s poor state of health or poor detention conditions may compromise his or her ability to participate in legal proceedings and prepare his or her defense, in violation of article 14 of the Covenant and article 10 of the Universal Declaration of Human Rights
The Working Group reminded the Algerian Government that any form of reprisals were unacceptable, and urged it to cease all such acts against against members of Mr. Zitout’s family.
CONCLUSIONS OF THE UN WORKING GROUP AGAINST ARBITRARY DETENTION
In light of the foregoing, the United Nations Working Group on Arbitrary Detention considered that the detention of Abderrahmane Zitout was arbitrary and fell under categories I, II, III and V because the deprivation of liberty of Abderrahmane Zitout was in contravention of articles 2, 3, 6, 7, 8, 9, 10 and 19 of the Universal Declaration of Human Rights and articles 2, 9, 14, 16, 19 and 26 of the International Covenant on Civil and Political Rights.
The Working Group recommended that the Government of Algeria take the steps necessary to remedy the situation of Abderrahmane Zitout without delay and bring it into conformity with the relevant international norms. The Working Group considered that, taking into account all circumstances of the case, the appropriate remedy would be to release him immediately and accord him an enforceable right to compensation and other reparations, in accordance with international law.
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