US embassy cable - 05ALGIERS1366

UNCLAS SECTION 01 OF 02 ALGIERS 001366 
 
SIPDIS 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PGOV, PREL, ECON, SOCI, AG 
SUBJECT: JUDICIARY REFORM ON THE FRONT BURNER, AND THE 
KITCHEN IS HOT 
 
 
1.  (U) Portions of this text are sensitive but unclassified. 
 Please protect accordingly. 
 
SUMMARY AND COMMENT 
------------------- 
 
2.  (SBU) A major human rights seminar presently held in 
Algiers in early July, coming on the heels of a highly 
publicized visit by Human Rights Watch, has served as a 
catalyst for wide-spread discussions on human rights, 
especially with respect to judicial reform.  The Algerian 
Government's human rights ombudsman, Farouk Ksentini, called 
for suspending the jail sentences of journalists convicted of 
defamation and criticized excessive recourse to pre-trial 
detention.  The Algerian media have widely reported his 
remarks and the actions being taken against judicial 
corruption.  Approximately 20 judges are under investigation, 
and Members of Parliament say it is unsurprising that members 
of the poorly paid Judiciary seek to supplement their 
incomes.  The Minister of Justice has been unequivocal in 
publicly calling on judges to fight corruption and ensure 
that no one is above the law.  In our view, the prominent 
press coverage of judicial reform underscores GOA resolve to 
clean up the judiciary and enhance the rule of law in 
Algeria. The comments of the Minister of Justice leave little 
doubt that judicial reform is a priority for the GOA.  Public 
discussion and criticism of shortcomings in the justice 
system is positive, and the Justice Minister's rhetoric 
clearly signals the government's recognition -- at least in 
word -- that judicial reform must be a high priority.  (End 
summary and comment.) 
 
HUMAN RIGHTS IN FOCUS 
--------------------- 
 
3.  (U) The National Consultative Commission for the 
Promotion and Protection of Human Rights (CNCPPDH in French) 
sponsored a seminar the first week in July at the Hilton 
Hotel in Algiers entitled, "Human Rights in Algeria, Status 
and Perspectives."  The seminar examined the policy goals of 
President Bouteflika and the policy papers and statements on 
human rights that the Government of Algeria presents at 
international venues.  It also focused on the legislative and 
regulatory environment for human rights in Algeria, as well 
as the Commission's role in promoting human rights on the 
national scene.  In addition to addressing these broad 
themes, the seminar presented workshops on the family and 
familial status; justice and human rights; and economic, 
social, educational, and cultural rights.  More than 250 
participants attended from government ministries, 
universities, associations, and the press. 
 
4.  (U) The head of the Commission, Farouk Ksentini, made 
critical remarks on the opening day of the seminar that were 
widely disseminated in the press.  On the jailing of 
journalists accused of defamation, Ksentini said, "jail terms 
for journalists are excessive" and that "suspended sentences" 
would be a more appropriate sanction.  On the issue of 
pre-trial confinement, he suggested exercising this option 
only for serious crimes and not mere infractions of the law. 
In response to recent criticism of the idea of a general 
amnesty by Amnesty International and Human Rights Watch, 
Ksentini said that general amnesty for the perpetrators of 
crimes during Algeria's time of terrorism "is not 
incompatible with human rights."  Ksentini was also quoted by 
the press as saying that Algerian justice suffered from the 
incompetence of some judges and that Algeria is an "emerging" 
rule-of-law country. 
 
JUDICIAL CORRUPTION IN THE MEDIA SPOTLIGHT 
------------------------------------------ 
 
5.  (U) Against the backdrop of the seminar, judiciary reform 
and the respect for rule of law are receiving broad press 
coverage.  In particular, the media are widely reporting 
actions taken against corrupt judges.  According to the 
Superior Council of Magistrates, "twenty or so judges" are 
under investigation for having committed "disciplinary 
mistakes," sometimes serious in nature.  Members of 
Parliament quoted in the press noted that the Legislative and 
Executive Branches of Government establish their own budgets, 
while the Ministry of Finance determines the budget of the 
Judiciary.  These Members of Parliament argued it is 
therefore not surprising that employees of the poorly paid 
Judiciary seek to supplement their incomes through 
malfeasance. 
 
6.  (U) The media debate has at times been bitter.  The 
president of the National Union of Magistrates, Djamel 
Aidouni, last week accused Ksentini of "having twisted the 
reality of the Algerian judicial apparatus in statements 
delivered to the international NGOs (Human Rights Watch in 
particular)."  Aidouni went on to say that "Human Rights 
Watch's statements ... reflected only the views of the 
lawyers ... (not the judges)."  He called on President 
Bouteflika to "take steps against these persons (lawyers), 
especially the head of the CNCPPDH (Ksentini)" and accused 
Human Rights Watch of lying:  "Everything it said was false." 
 Ksentini defended himself, saying the real injustice was 
"the illness of our justice (system), and I have the right to 
express myself as a jurist and as president of the CNCPPDH." 
He remarked that Aidouni's role, "as a union member ... is 
basically to defend the profession (of judges), which has 
nothing to do with the law." 
 
CAUSES OF CORRUPTION MUST BE ADDRESSED 
-------------------------------------- 
 
7.  (U) According to press reports, the president of the 
previous National Commission of Justice Reform, Mohand Issad, 
insisted that when "several institutions" are under fire for 
corrupt practices, "it is not surprising" that corrupt 
practices extend to the magistrates.  "Today you have a job; 
tomorrow you are not sure to keep it," added Issad.  The 
pressure that combating corruption has on magistrates is even 
more pronounced at the household level.  "There are those who 
do not have homes and do as you would expect (resort to 
kickbacks) in order to obtain (housing)," continued Issad. 
He argued that, "Corruption is not material.  It is also 
political, intellectual, and moral.  It would be better to 
attack the causes of corruption than corruption itself" 
While the Inspector General of the Superior Council "does its 
job just as police officers and gendarmes do theirs ... you 
will never see corruption come to an end if the causes of 
corruption (low salaries) are not" addressed.  Just as in 
medicine, "prevention is required," concluded Issad. 
 
REFORM HAS SUPPORT FROM THE TOP 
------------------------------- 
 
8.  (U) Minister of Justice Belaiz, giving a public face to 
GOA efforts to reform the judiciary, asked a gathering of 
judiciary officials in Tamanrasset why they had not taken the 
necessary steps to reform.  He made clear that "judges who 
ensure that everyone is under the law will be protected." 
The minister exhorted the officials "to fight corrupt, 
corrupting, and incompetent magistrates who abuse their 
authority."  In an interesting aside, he also reminded judges 
that, beginning in September, knowing English and using 
computers would be obligatory.  (Note:  The Ministry of 
Justice intends to make judicial procedures more transparent. 
 New computerized systems will make it easier both to track 
case files and build a body of consistent case law.)  In the 
words of Ksentini, "It is difficult to verify a corrupt 
practice because it takes place between the protagonists, the 
corrupted and the corrupter.  Cases of blatant crime are 
virtually non-existent." 
 
ERDMAN