US embassy cable - 05ALGIERS1408

UNCLAS SECTION 01 OF 03 ALGIERS 001408 
 
SIPDIS 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PHUM, AG 
SUBJECT: AMNESTY INTERNATIONAL AND HUMAN RIGHTS WATCH VISIT 
ALGERIA 
 
 
SUMMARY AND COMMENT 
-------------------- 
 
1.  (U)  In back to back visits, Amnesty International (AI) 
and Human Rights Watch (HRW) sent delegations to Algeria, 
signaling the GOA's greater openness toward international 
NGOs and open discussion of human rights issues.  AI's 
delegation visited Algeria May 6-25 and HRW's delegation 
visited June 13-23.  Subsequent to the drafting of this 
message, the International Federation of Human Rights 
Associations has also paid a highly publicized multi-day 
visit.  Both organizations were critical of Algeria's human 
rights record in the past and had not visited the country in 
several years due to visa problems stemming from these 
negative reports.  Although still critical of Algeria's human 
rights practices, particularly Bouteflika's plan for a 
General Amnesty, both organizations highlighted advances made 
by the GOA in several areas, including judicial reform. 
Extensive media coverage of these organizations' critiques 
demonstrates that the Algerian press, despite defamation 
cases, remains vigorous in presenting criticisms of the 
government. 
 
2.  (SBU)  Although their critiques were accurate in many 
areas, both groups glossed over the context of present-day 
Algeria, particularly the difficulty in striking a delicate 
balance between security and liberty.  Both groups 
systematically avoid the use of the word "terrorist" or 
"terrorism," not even a factual reference to the fact that 
the extremist groups Algeria is combating are included on the 
UN's 1267 Terrorism List.  Without acknowledging the role of 
terrorism in the long running violence, AI and HRW have 
credibility issues when dispensing advice, thus undercutting 
the positive impact of their valid criticisms.  A decision by 
GOA to issue visas the next time AI and HRW apply will be one 
measure of Algeria's openness to criticism.  (End Summary and 
Comment). 
 
 
AMNESTY INTERNATIONAL CRITICIZES PLANNED GENERAL AMNESTY 
AND THE AD HOC COMMISSION 
--------------------------------------------- ----------- 
 
3.  (U)  In its May 6-25 visit to Algeria, AI's first in five 
years, it was critical of President Bouteflika's planned 
General Amnesty and the Ad Hoc Commission, headed by Farouk 
Ksentini and created by Bouteflika to gather information on 
the Disparu (Disappeared).  In criticizing both the process 
by which Bouteflika was going about the General Amnesty and 
the idea of the General Amnesty itself, the main mantra of AI 
was "truth before amnesty".  Believing the GOA was not 
following a proper process, AI told Poloff that Algeria would 
harm itself in the long run if the process of truth and 
reconciliation wasn't respected.  Adding that Algeria is no 
different from other countries that have gone through a 
healing process in the aftermath of mass killings, AI 
concluded that the GOA needed to look to other such countries 
as models. 
 
4.  (U) During a press conference in Algiers on May 25, AI 
noted the lack of progress in determining the fate of people 
kidnapped by terrorists (AI uses the term "armed groups") and 
those who were "disappeared" by agents of the state.  Without 
determining the fate of these people, AI believed the General 
Amnesty would be premature.  In particular AI was critical 
because the terms of Bouteflika's General Amnesty have not 
been made public.  Algeria could not turn its back on human 
rights abuses.  If Algeria granted impunity for those 
responsible for the disappearances, there would be an 
opportunity for these crimes to recur.  AI noted that even if 
the GOA granted amnesty to individuals, under international 
law amnesty can not be granted for crimes against humanity 
(note: in our view this is not an accurate interpretation of 
international law).  AI added that Algeria cannot evade its 
international obligations by adopting national legislation 
contrary to international law, regardless of whether by 
referendum or by parliamentary decision. 
 
5.  (U)  AI told Poloff that Ksentini's Ad Hoc Commission was 
not professional or scientific in gathering evidence, and 
since the report submitted by Ksentini to Bouteflika on March 
31 was not made public, there was no way to verify the 
accuracy of the information included.  AI added that the GOA 
needed a true independent commission (possibly modeled after 
another country's commission), which was transparent, 
scientific and professional in its work.  AI reiterated that 
the process must be respected if Algeria is serious about 
moving past this issue. 
 
 
 
AMNESTY INTERNATIONAL'S VIEWS ON NEW LAWS 
INCLUDING WOMEN'S ISSUES AND TORTURE 
------------------------------------------ 
 
6.  (U)  During their press conference, AI praised the 
amendments to the 1984 Family Code and the Nationality Code, 
and the addition of sexual harassment as a crime under penal 
law.  However, in its written public statement, AI added that 
the Family Code continued to discriminate against women and 
facilitate violence against them by not affording women 
protection against domestic or sexual violence.  AI also 
pointed out that women and children continued to suffer 
because of the country's past violent climate and that urgent 
measures were needed to alleviate their suffering.  AI 
recommended that Algeria implement an integrated action plan 
to combat violence against women that would implement needed 
legislative reform and improve practices by law enforcement. 
 
7.  (U)  AI condemned the GOA for continued allegations of 
torture within the Department of Intelligence and Security 
(DRS), although it acknowledged that the number of 
allegations continued to decrease.  AI praised the GOA for 
the new law criminalizing torture, calling it a significant 
improvement, and recommended that the DRS be opened to the 
Red Cross/Red Crescent, prosecutors, and doctors as a 
preventive measure.  AI also called for an independent 
inquiry into all allegations of torture and ill-treatment by 
officials. 
 
 
ALGERIA'S FREEDOM OF EXPRESSION, ASSOCIATION AND ASSEMBLY 
CRITICIZED BY AMNESTY INTERNATIONAL 
--------------------------------------------- ------------ 
 
8.  (U) The AI delegation criticized the considerable number 
of judicial proceedings against journalists in recent months, 
proceedings that resulted in prison sentences in several 
cases.  In its published remarks, AI reminded the GOA of the 
importance of a free and responsible press and the GOA's duty 
to respect its international obligations in this area. 
Further, the delegation criticized the Emergency Law, which 
limits freedom of association and assembly in Algeria. 
According to AI, its request for a meeting with the MOJ and 
MOD to discuss these issues was not granted. 
 
 
HUMAN RIGHTS WATCH MIRRORED AMNESTY INTERNATIONAL'S 
CONCERNS ABOUT GENERAL AMNESTY AND THE AD HOC COMMISSION 
--------------------------------------------- ----------- 
 
9.  (U)  In HRW's June 13-23 visit to Algeria, its first 
since 2002, its concerns mirrored those of AI, but HRW was 
slightly more critical of the GOA.  HRW focused on the 
proposed General Amnesty and the legal system.  HRW agreed 
with AI's assessment that any amnesty should first go through 
the justice system and that a thorough and deep inquiry was 
needed for true healing.  HRW was very concerned that 
impunity might cause more bloodshed and believed that if the 
process was not properly completed, people would take 
"justice" into their own hands, thereby perpetrating more 
violence. 
 
10.  (U)  Criticizing the lack of transparency for the 
proposed General Amnesty, HRW said an amnesty for grave human 
rights abuses threatened the rights of victims for truth and 
justice and could undermine the GOA's goal of national 
reconciliation.  HRW agreed with AI that the GOA needed 
thoroughly to investigate the crimes of disappearances and 
torture and hold the perpetrators accountable, while getting 
to the bottom of the failures that made such crimes possible 
on a large scale. 
 
11.  (U)  HRW criticized Ksentini's Ad Hoc Commission for not 
providing any concrete information to the families of the 
disappeared, and said the Commission did little to advance 
the causes of truth and justice.  However, HRW positively 
acknowledged Ksentini's statements that judges did not do 
their jobs in reference to the disappeared and that the 1999 
Civil Concord was flawed.  HRW also disparaged the GOA for 
not making public the Commission's March 31 report on the 
disappeared. 
 
 
HUMAN RIGHTS WATCH ASSAILED JUDICIAL SYSTEM 
------------------------------------------- 
 
12.  (U)  HRW went further than AI in criticizing the 
failings of the judicial system during the 1999 Civil 
Concord, which in practice exonerated militants who 
surrendered regardless of whether they had committed violent 
crimes.  HRW was very critical of the judges during that era, 
stating that the judges did not do their jobs correctly 
because they did not fully investigate the nature of the 
guilt of the defendant before granting amnesty.  Therefore, 
some defendants who should not have been amnestied under the 
terms of the Civil Concord were given amnesty because the 
true nature of their crimes were not divulged.  HRW believed 
this problem continued to exist today. The justice system's 
failure to find a single person who was "disappeared" or any 
individual responsible for a disappearance was proof that the 
judiciary was not yet independent. 
 
13.  (U)  Although HRW welcomed some of the changes that came 
from judicial reforms, it criticized the courts for a 
continued lack of independence in deciding politically tinged 
cases and impinging on press freedom by imprisoning 
journalists.  Further, HRW criticized the courts for their 
"nearly automatic" imposition of pretrial detention (in 
direct contradiction to Algerian law), the courts' refusal to 
investigate claims that confessions were extracted through 
torture or mistreatment, and convictions of individuals in 
absence of evidence of individualized guilt.  HRW added that 
additional judicial reforms could help but only if there was 
political will. 
 
 
VISA AND OTHER PROBLEMS 
----------------------- 
 
14.  (U)  During press conferences both organizations thanked 
the GOA for approving visas for their delegations after 
lengthy delays (HRW had been trying to obtain a visa for 
three years, while AI had tried for five).  In private 
conversations with Emboffs, both delegations commented on the 
vastly improved security situation in Algeria.  HRW delegates 
encountered a minor problem in Relizane, where they were 
followed by police in civilian clothing but they hailed the 
courage of the individuals willing to welcome them to their 
homes despite the police presence. 
ERDMAN