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A/HRC/WGAD/2022/15

Opinion No. 15/2022 concerning Kamira Nait Sid (Algeria)

UNO-Arbeitsgruppe über willkürliche Inhaftierung (WGAD) · 2022-04-08 · en UN

Opinion; Subjects: ALGERIA, ARBITRARY DETENTION; [WGAD: UNO-Arbeitsgruppe über willkürliche Inhaftierung, willkürliche Haft; Groupe de travail sur la détention arbitraire; Gruppo di lavoro sulla detenzione arbitraria]

Volltext (verifizierbarer Originaltext)

GE.22-11848 (E) 300922 031022

Human Rights Council

Working Group on Arbitrary Detention

Opinions adopted by the Working Group on Arbitrary

Detention at its ninety-third session, 30 March–8 April 2022

Opinion No. 15/2022 concerning Kamira Nait Sid (Algeria)

1.

The Working Group on Arbitrary Detention was established in resolution 1991/42 of

the Commission on Human Rights. In its resolution 1997/50, the Commission extended and

clarified the mandate of the Working Group. Pursuant to General Assembly resolution 60/251

and Human Rights Council decision 1/102, the Council assumed the mandate of the

Commission. The Council most recently extended the mandate of the Working Group for a

three-year period in its resolution 42/22.

2.

In accordance with its methods of work,1 on 9 December 2021 the Working Group

transmitted to the Government of Algeria a communication concerning Kamira Nait Sid. The

Government replied to the communication on 26 January 2022. The State is a party to the

International Covenant on Civil and Political Rights.

3.

The Working Group regards deprivation of liberty as arbitrary in the following cases:

(a)

When it is clearly impossible to invoke any legal basis justifying the

deprivation of liberty (as when a person is kept in detention after the completion of his or her

sentence or despite an amnesty law applicable to him or her) (category I);

(b)

When the deprivation of liberty results from the exercise of the rights or

freedoms guaranteed by articles 7, 13, 14, 18, 19, 20 and 21 of the Universal Declaration of

Human Rights and, insofar as States parties are concerned, by articles 12, 18, 19, 21, 22, 25,

26 and 27 of the Covenant (category II);

(c)

When the total or partial non-observance of the international norms relating to

the right to a fair trial, established in the Universal Declaration of Human Rights and in the

relevant international instruments accepted by the States concerned, is of such gravity as to

give the deprivation of liberty an arbitrary character (category III);

(d)

When asylum-seekers, immigrants or refugees are subjected to prolonged

administrative custody without the possibility of administrative or judicial review or remedy

(category IV);

(e)

When the deprivation of liberty constitutes a violation of international law on

the grounds of discrimination based on birth, national, ethnic or social origin, language,

religion, economic condition, political or other opinion, gender, sexual orientation, disability,

or any other status, that aims towards or can result in ignoring the equality of human beings

(category V).

1 A/HRC/36/38.

United Nations

A/HRC/WGAD/2022/15

General Assembly

Distr.: General

28 July 2022

English

Original: French

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Submissions

Communication from the source

4.

Kamira Nait Sid, an Algerian national born in 1968, is the manager of a company that

makes traditional Kabyle dresses in Draâ Ben Khedda, near Tizi Ouzou, in the Kabylia

region. She is also the Co-President of the Amazigh World Congress and a defender of the

rights of indigenous peoples. She usually resides in Tizi Ouzou in Algeria.

5.

According to the source, Ms. Nait Sid is known for defending the rights of the

Amazigh people in her city of residence and throughout the Kabylia region. She is known

and recognized in Algeria and abroad, especially by indigenous peoples. She has participated

in numerous international meetings, particularly on human rights and climate change.

a.

Arrest and detention

6.

According to the source, Ms. Nait Sid was abducted from her home in Draâ Ben

Khedda by unidentified men in civilian clothes in the afternoon of 24 August 2021. She was

driven in an unmarked car, escorted by two other vehicles, to an unknown location in Algiers.

She was not seen again until 1 September 2021, when she was brought before the prosecutor

and then before the judge of the Sidi M’Hamed Court in Algiers. Her relatives, friends,

colleagues and lawyer heard no news of her for seven days. The source deduces that Ms. Nait

Sid was held in incommunicado detention by the Algerian security services from 24 August

to 1 September 2021, during which time she had no contact with the outside world.

7.

To date, neither Ms. Nait Sid’s family nor her lawyers know who abducted her, where

she was detained, what her detention conditions were like or what state of health she was in

between 24 August and 1 September 2021. According to the source, Ms. Nait Sid may have

been abducted by the Algerian Investigation and Intervention Brigade.

8.

The source states that it does not know whether an arrest warrant was shown to Ms.

Nait Sid at the time of her arrest and specifies that the decision to arrest her was taken by the

public prosecutor attached to the Sidi M’Hamed Court, on the basis of articles 51, 51 bis, and

51 bis 1 of the Code of Criminal Procedure.

9.

On 1 September 2021, the investigating judge of the Sidi M’Hamed Court decided to

place Ms. Nait Sid in pretrial detention in the administrative prison in Kolea. She was held

in a shared cell with nine other women. Some of her cellmates were Islamists whose

ideologies were contrary to her principles and values, while others were persons who had

already been convicted.

10.

According to the source, Ms. Nait Sid is being prosecuted on extremely serious,

politically motivated charges in an attempt to silence any dissenting voices and intimidate

civil society. The sentences for the eight charges against her range from 10 years’ to life

imprisonment. As Ms. Nait Sid is accused of belonging to a terrorist organization, her pretrial

detention may last for a period of up to four months, renewable five times.

11.

Ms. Nait Sid has been charged with the following serious and ordinary offences:

belonging to a subversive terrorist organization; advocating acts of terrorism and sabotage;

using information and communications technology to recruit and mobilize people for an

association or group whose purpose or activities fall under the section of the Criminal Code

relating to terrorist or subversive acts, or organizing such an association or group, supporting

its activities and disseminating its ideas; conspiring to carry out the criminal acts referred to

in article 77 of the Criminal Code; receiving foreign funding for propaganda purposes with

the aim of undermining the security of the State, the stability of its institutions and their

functioning; disseminating, in a premeditated manner, false information and misleading news

likely to undermine public safety and order; inciting unlawful assembly; and offences related

to racism and hate speech. These charges are based on articles 87 bis, 87 bis 4, 87 bis 12, 95,

96 bis and 97 of the Criminal Code and article 31 of Act No. 20-05 of 28 April 2020 on

Preventing and Combating Discrimination and Hate Speech.

12.

The source states that Ms. Nait Sid is separated from her lawyers by a soundproof

glass partition when she meets with them. They are forced to use signs and gestures to

communicate as the prison telephone is likely to have been tapped by prison staff. Meetings

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between Ms. Nait Sid and her family take place under similar conditions. The source claims

that these restrictions and Ms. Nait Sid’s fear of reprisals prevent her from complaining or

confiding in her lawyers or family, particularly regarding the conditions of her solitary

confinement and detention.

13.

Ms. Nait Sid’s lawyers have filed appeals to demonstrate that the charge of terrorism

against her is unfounded and her detention is arbitrary. They have also sought to secure her

provisional release under judicial supervision. These appeals have gone unanswered.

14.

The source states that Ms. Nait Sid is ill and suffers from arthritis but the prison

authorities do not allow her to receive medication or even clothing from the outside. The

prison authorities ignore the fact that she is a vegetarian and prevent her relatives from

bringing her meals. She is therefore physically fatigued and is always in low spirits.

According to the source, Ms. Nait Sid can see her family for 15 minutes every two weeks.

The source has not received any information about her trial since 24 August 2021.

15.

Ms. Nait Sid has been detained in Kolea prison since 1 September 2021 and has yet

to appear before the investigating judge. No trial date has been set even though she is facing

two trials: one before the criminal chamber and the other before the counter-terrorism section.

The Sidi M’Hamed Court has rejected all the requests for release submitted by her lawyers.

b.

Legal analysis

16.

According to the source, Ms. Nait Sid’s detention is arbitrary because it is contrary to

national and international law.

17.

Firstly, Ms. Nait Sid is being denied the rights and protections guaranteed under

articles 14, 19 and 27 of the Covenant.

18.

Furthermore, Ms. Nait Sid was held incommunicado in a secret location for seven

days without being able to inform her family or her lawyer, in violation of article 51 bis 1 of

the Code of Criminal Procedure, under which they should have been informed within the first

few hours of her alleged abduction.

19.

The source also claims that Ms. Nait Sid’s detention is contrary to the principle of the

presumption of innocence guaranteed by article 41 of the Algerian Constitution and article

14 (2) of the Covenant.

20.

The source notes that, under article 44 of the Constitution, pretrial detention is

intended to be an exceptional measure, the duration and extension of which must be governed

by law. In addition, article 123 of the Code of Criminal Procedure establishes that pretrial

detention is an exceptional measure that may be ordered or maintained only when judicial

supervision is deemed insufficient and when: the accused person does not have a fixed

address or cannot provide sufficient guarantees that he or she will appear in court; the charges

are extremely serious; pretrial detention is the only way to preserve material proof or

evidence or to prevent intimidation of witnesses or victims or collusion between defendants

and their accomplices that might jeopardize the establishment of the truth; detention is

necessary to protect the defendant or to prevent the commission or recurrence of an offence;

or the defendant chooses not to comply with the obligations arising from a judicial

supervision order.

21.

In this connection, the source states that Ms. Nait Sid is a defender of the rights of the

Amazigh people who is known and recognized in Algeria and abroad. It also states that she

has always responded to summonses issued by the police and the judiciary and can provide

all the necessary guarantees that she will appear in court. The source concludes that it was

therefore not necessary to imprison her and that, at the very most, it would have been

sufficient to detain her under judicial supervision.

22.

The source claims that Algerian judges make excessive and improper use of pretrial

detention, which is intended to be an exceptional measure under the Code of Criminal

Procedure, as confirmed in a statement issued by the National Advisory Commission for the

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Promotion and Protection of Human Rights.2 The source notes that, under article 9 (3) of the

Covenant, “anyone arrested or detained on a criminal charge shall be brought promptly before

a judge or other officer authorized by law to exercise judicial power and shall be entitled to

trial within a reasonable time or to release. It shall not be the general rule that persons

awaiting trial shall be detained in custody, but release may be subject to guarantees to appear

for trial, at any other stage of the judicial proceedings, and, should occasion arise, for

execution of the judgement.” The source also notes that the Human Rights Committee has

recommended that the Government of Algeria ensure that police custody never exceeds 48

hours in any case and that it devise non-custodial measures to be used as an alternative to

pretrial detention.3

23.

The source recalls that, in 2018, the Human Rights Committee reiterated its concern

about article 87 bis of the Criminal Code as this article defines the crime of terrorism in

overly broad and vague terms that would allow for the prosecution of actions that might

constitute exercise of the freedom of expression or peaceful assembly.4

24.

Furthermore, Ms. Nait Sid is being held without being allowed to communicate freely

and confidentially with her lawyer, in violation of principle 18 of the Body of Principles for

the Protection of All Persons under Any Form of Detention or Imprisonment. The source

notes that the glass partition separating Ms. Nait Sid from her lawyers, the possible tapping

of the telephone provided and the risk that reprisals will be taken against her prevent her from

freely discussing her detention conditions.

25.

Lastly, the source states that holding Ms. Nait Sid in a cell with nine other women,

some of whom are Islamists or convicted persons, constitutes a form of ill-treatment and

contravenes principle 8 of the Body of Principles for the Protection of All Persons under Any

Form of Detention or Imprisonment.

26.

The source therefore concludes that Ms. Nait Sid’s detention is arbitrary.

Response from the Government

27.

On 9 December 2021, the Working Group transmitted a communication concerning

Ms. Nait Sid to the Government, requesting it to provide detailed information about her by 7

February 2022 and to guarantee her physical and mental integrity.

28.

According to the Government’s response, which was sent on 26 January 2022, Ms.

Nait Sid was arrested by the criminal investigation department after thorough investigations

had been conducted under the auspices of the public prosecutor. These investigations

revealed that Ms. Nait Sid was serving as an active member of the terrorist organization

Mouvement pour l’autodétermination de la Kabylie (MAK) in Algeria and abroad under the

cover of her work for the non-governmental organization known as the Amazigh World

Congress. The investigations also shed light on her involvement in the activities of MAK,

her relations with its members through her activity within the Amazigh World Congress, and

her use of the media and communications technology to disseminate its ideas. Ms. Nait Sid

reportedly stated that she had joined MAK in 2004 and had been appointed the National

Secretary for Women’s Affairs. The Government also notes that she had interacted with the

head of MAK on several occasions.

29.

On 1 September 2021, following the preliminary investigation overseen by the public

prosecutor, Ms. Nait Sid was brought before the office of the public prosecutor attached to

the Sidi M’Hamed Court and charged with the following ordinary and serious offences: being

involved in a subversive terrorist organization; advocating acts of terrorism; using

2 National Advisory Commission for the Promotion and Protection of Human Rights, “Mise en œuvre

de la résolution 24/12 du Conseil des droits de l’homme intitulée: ‘Les droits de l’homme dans

l’administration de la justice, y compris la justice pour mineurs’” (Implementation of Human Rights

Council resolution 24/12 on human rights in the administration of justice, including juvenile justice),

p. 2, available at

https://www.ohchr.org/sites/default/files/Documents/Issues/RuleOfLaw/OverIncarceration/CNCPPD

H_Algeria.pdf.

3 CCPR/C/DZA/CO/4, para. 36.

4 Ibid., para. 17.

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information and communications technology to recruit people to a terrorist organization and

disseminate its ideas; conspiring to commit the offences set out in article 77 of the Criminal

Code; undermining the integrity and unity of the country; deliberately spreading false

information and misleading news that undermine public safety and order; receiving funding

for propaganda from an outside source with the aim of undermining the security of the State,

the stability of its institutions and their normal functioning; and inciting unlawful assembly.

These charges were based on articles 87 bis, 87 bis 4, 87 bis 12, 95, 96 and 97 of the Criminal

Code and article 31 of Act No. 20-05. After Ms. Nait Sid had been examined, the

investigating judge ordered her pretrial detention on 1 September 2021.

30.

The Government recalls that, under article 51 of the Code of Criminal Procedure, a

person may not be held in police custody unless he or she is suspected of having committed

a criminal offence. The criminal investigation officer must immediately inform the public

prosecutor of the arrest of any person to be taken into custody and must submit a report on

the reasons for the arrest to the public prosecutor. The Government states that Ms. Nait Sid

was arrested on the basis of this article in connection with the above-mentioned offences.

31.

According to the Government, article 51 of the Code of Criminal Procedure provides

for detention for a period of 48 hours. This period may be extended only with the written

authorization of the public prosecutor and within the time limit established by law, after

which the arrested person is to be brought before the competent judge. If these time limits

are exceeded, the criminal investigation officer concerned will face the penalties established

for arbitrary detention. In addition, article 51 bis 1 of the Code of Criminal Procedure requires

criminal investigation officers to inform arrested persons of their right to communicate with

their families and receive visits from them and their right to a medical examination by a

doctor of their choice. The public prosecutor has the right to instruct a doctor to examine the

arrested person at any time during the period of police custody, either ex officio or at the

request of a member of the arrested person’s family or his or her lawyer.

32.

The Government also notes that, under article 52 of the Code of Criminal Procedure,

detention in police custody must take place in facilities that guarantee human dignity and are

known in advance to the public prosecutor’s office and intended for that purpose. The

location of these facilities is also communicated to the regional public prosecutor, who may

visit them at any time to check whether the prisoner’s rights are being upheld. Places of

detention are open to receiving regular visits from national and foreign non-governmental

organizations.

33.

The Government affirms that these custody procedures are in compliance with articles

44 and 45 of the Constitution and article 9 (2) and (3) of the Covenant. In the present case, it

considers that Ms. Nait Sid’s detention is not arbitrary since it was carried out under judicial

supervision and in connection with a criminal prosecution. Moreover, neither Ms. Nait Sid

nor her lawyer has filed a complaint concerning a violation of these rights.

34.

According to the Government, Algerian law establishes procedures that enable

accused persons to appear before an investigating judge. Pretrial detention is a temporary

measure that may be used only in specific cases. Under articles 123 and 123 bis of the Code

of Criminal Procedure, investigating judges have the discretionary power to opt for any of

the measures referred to therein, taking into account: the guarantees provided by the accused

person regarding his or her appearance in court; the seriousness of the charges brought against

him or her; the impact of his or her release on the preservation of evidence; the need to protect

witnesses and victims from being intimidated and to prevent anything from hindering the

establishment of the truth; and the need to put an end to the offence or to prevent it from

being committed again. Ms. Nait Sid was placed in pretrial detention on the basis of these

considerations.

35.

In addition, the Government notes that, under articles 123 bis and 127 of the Code of

Criminal Procedure, Ms. Nait Sid had the right to appeal against the detention order issued

by the investigating judge and to submit to the judge an application for release, which must

be considered within two days. In accordance with article 126 of the Code, the investigating

judge may release a person of his or her own motion if it appears that pretrial detention is no

longer justified. Furthermore, the public prosecutor may issue a request for release, on which

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the investigating judge must rule within 48 hours. When this time period has expired, if the

investigating judge has failed to issue a ruling, the person must be released immediately.

36.

According to the Government, Ms. Nait Sid filed an appeal against the detention order

of the investigating judge and a request for provisional release. She did not file any

complaints in this regard.

37.

The Government maintains that pretrial detention is an exceptional measure regulated

by law in such a way as to ensure the right of the person concerned to be tried within a

reasonable time. In cases involving ordinary offences, article 124 of the Code of Criminal

Procedure prohibits the detention of persons residing temporarily in Algeria if the maximum

penalty established by law for the offence concerned is a prison term of 3 years or less. An

exception to this rule is made for certain serious offences. In such cases, the period of

detention is not renewable and may not exceed one month. In addition, article 125 of the

Code provides that the duration of pretrial detention may not exceed four months in cases

involving ordinary offences and cases other than those provided for in article 124.

38.

However, when it appears necessary to keep a person in police custody, the

investigating judge may, on the basis of a reasoned opinion issued by the public prosecutor,

hand down a reasoned order ruling that the accused person should be kept in pretrial

detention. This may take place twice, with each period of detention lasting four months. If

the time limits are exceeded, the investigating judge and the prison governor will face the

penalties established by law for arbitrary detention.

39.

Article 100 of the Code of Criminal Procedure, which relates to questioning, requires

investigating judges to notify accused persons of the charges against them, their right to

remain silent and their right to choose a lawyer or to have one appointed. Article 157 of the

Code states that the proceedings, and any subsequent proceedings, must be declared null and

void if these provisions are violated. The right to counsel is provided for throughout the

inquiry procedures, including those relating to the accused person’s initial appearance in

court.

40.

According to the Government, neither Ms. Nait Sid nor her lawyer has filed a

complaint concerning a violation of these rights or time limits. Consequently, the

Government considers that Algerian law is in compliance with article 9 (3) of the Covenant

and article 44 of the Constitution, which establishes the exceptional nature of pretrial

detention. Ms. Nait Sid has been detained in accordance with the laws in force and in the

course of criminal proceedings. Therefore, her detention cannot be classified as arbitrary.

41.

Glass partitions and telephones were used during meetings between prisoners and

their lawyers in accordance with a ministerial memorandum issued on 16 March 2020 with

a view to curbing the spread of the coronavirus disease (COVID-19). These measures were

lifted in accordance with a ministerial memorandum of 9 November 2021. Ms. Nait Sid has

been visited by her lawyer on 34 occasions. A partition was in place for 15 of these visits,

while 19 visits took place without one.

42.

The frequency and maximum duration (20 minutes) of family visits have also been

established by ministerial memorandums, in accordance with which Ms. Nait Sid’s family

visits, like those of other prisoners, take place every two weeks and involve the use of a glass

partition and a telephone. Since 5 September 2021, Ms. Nait Sid has received 11 visits, the

most recent of which was on 21 January 2022. Her family has been allowed to bring her

clothing on four occasions, most recently on 24 December 2021.

43.

Ms. Nait Sid’s medical records, which were consulted under the supervision of the

Chief of the Health and Social Assistance Service, show that she has undergone eight medical

examinations, the last of which took place on 15 January 2022, and that she does not suffer

from arthritis or any other chronic illness.

44.

Ms. Nait Sid receives her food in the same way that other inmates do, in accordance

with the weekly programme established and overseen by the administration and the prison

doctor. Her medical records do not mention that she follows any particular diet. The

Government notes that authorization for families to bring food into the prison during visits

has been suspended by ministerial memorandum as one of the preventive health measures

taken in connection with the COVID-19 pandemic.

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45.

Lastly, prisoners are categorized according to the status of the proceedings against

them, their sex, their age and the charges against them. Women accused of terrorism and

sabotage are assigned to cells on the basis of the organization to which they belong and are

not placed with other categories of prisoners. Therefore, the fact that Ms. Nait Sid is being

held with prisoners charged with terrorism may be justified on the grounds that she herself is

facing such charges.

Further information from the source

46.

In the source’s view, the Government merely cites the law in its response without

addressing the various allegations that have been made. The source maintains that the

Government’s response is vague in that it does not refer to the facts or to any evidence.

47.

According to the source, Ms. Nait Sid has been chairing the Amazigh World Congress

since 2015. Under the rules of procedure of the Congress, she is forbidden from belonging

to, or campaigning for, any political organization. Ms. Nait Sid told the investigating judge

that she had been a member of MAK in 2004 and that she had resigned in 2005, the year in

which she joined the Congress. Her dealings with members of MAK and other political and

civil society organizations are solely related to human rights issues.

48.

The source notes that, under article 2 of the Criminal Code, the law may not have

retroactive effect. MAK was classified as a terrorist organization on 18 May 2021, before

which date it had been permitted to organize conferences, meetings and marches. Therefore,

the charge of terrorism brought against Ms. Nait Sid on account of her membership of MAK

prior to that date is unfounded. Furthermore, the charge is not based on any act carried out

by Ms. Nait Sid or any aggressive words spoken by her.

49.

The charges brought against Ms. Nait Sid in the present case are not based on any

specific established or documented facts and reflect only the Government’s desire to punish

her for her activism. She has been harassed by the police and the Algerian judiciary for

several years.

50.

The source notes that the Government makes no reference to Ms. Nait Sid’s detention

between 24 August and 1 September 2021 or to the manner in which she was abducted and

held in incommunicado detention for seven days.

51.

The source explains that victims and lawyers in Algeria often do not file complaints

for violations of their rights for fear of reprisals from the administration, the police or the

judiciary.

52.

The source believes that the measures taken to combat the COVID-19 pandemic

cannot be used to justify any infringement of the confidentiality and privacy to which

prisoners, their families and their lawyers are entitled. It notes that other prisons around the

world have implemented health measures that enable prisoners and their lawyers to

communicate without using a telephone.

53.

The source also notes that the Government makes no mention of clothing being taken

into the prison between 5 October and 24 December 2021, thus confirming the claim that Ms.

Nait Sid’s family were prevented from bringing her clothes, at least during this period. In

addition, the source argues that prisoners are treated in a discriminatory manner since the

administration takes account of the fact that some women prisoners follow a halal diet but

disregards Ms. Nait Sid’s vegetarianism.

54.

Furthermore, the source affirms that the medical examinations cited by the

Government attest to Ms. Nait Sid’s poor state of health, which continues to deteriorate. Ms.

Nait Sid suffers from functional bowel disease and has a goitre that requires regular

monitoring. The pains in her joints have caused near paralysis in one of her arms and confirm

that she has arthritis.

55.

According to the source, the Government’s justification for placing Ms. Nait Sid in

detention together with women charged with terrorism and sabotage violates the principle of

the presumption of innocence. Ms. Nait Sid is being held alongside women who have pledged

allegiance to Da’esh and returned from combat zones in the Syrian Arab Republic. These

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inmates pose a danger to Ms. Nait Sid, whose moral and philosophical beliefs are entirely

opposed to theirs.

56.

Lastly, the source notes that Ms. Nait Sid’s pretrial detention was renewed in January

2022, despite the fact that, under article 123 of the Code of Criminal Procedure, such

detention is classified as an exceptional measure.

Discussion

57.

The Working Group thanks the source and the Government for their submissions.

58.

In determining whether Ms. Nait Sid’s deprivation of liberty is arbitrary, the Working

Group has regard to the principles established in its jurisprudence to deal with evidentiary

issues. If the source has established a prima facie case for breach of international law

constituting arbitrary detention, the burden of proof should be understood to rest upon the

Government if it wishes to refute the allegations. Mere assertions by the Government that

lawful procedures have been followed are not sufficient to rebut the source’s allegations.5

59.

The Working Group will consider whether the detention of Ms. Nait Sid is arbitrary

under the relevant categories provided for in its methods of work.6

Category I

60.

According to the source, Ms. Nait Sid was abducted from her home on 24 August

2021 by unidentified men in civilian clothes who probably belonged to the Investigation and

Intervention Brigade. She was driven in an unmarked car, escorted by two other vehicles, to

Algiers, where she was detained in an unknown location. On 1 September 2021, she was

brought before the prosecutor and then before a judge of the Sidi M’Hamed Court. During

the intervening seven days, she had no contact with the outside world and neither her relatives

nor her lawyer knew where she was or what state she was in. According to the Government,

Ms. Nait Sid was arrested by the criminal investigation department following an investigation

into terrorist offences conducted under the supervision of the public prosecutor’s office. On

1 September 2021, she appeared before the prosecutor and the investigating judge, who

placed her in pretrial detention. The Government did not provide any information on the

place, date or time of Ms. Nait Sid’s arrest and did not state whether she had been shown an

arrest warrant or informed of the reasons for her arrest, even though such information should

be available to the Government.

61.

In the absence of this information, the Working Group considers that the allegations

that Ms. Nait Sid was abducted are credible and that the Government has not refuted them.

The abductors have not been identified but, in view of the circumstances, there is every reason

to believe that they were acting on behalf of the Government. Ms. Nait Sid was reportedly

brought before the prosecutor after being held incommunicado for seven days. In order to be

able to arrest her at the end of this period, the authorities must have been involved in her

abduction and must have known where she was. She was therefore deprived of her liberty

against her will, with the involvement of State agents who concealed her fate and

whereabouts during this period. 7 The Working Group considers that Ms. Nait Sid was

subjected to enforced disappearance between 24 August and 1 September 2021 and refers the

case to the Working Group on Enforced or Involuntary Disappearances.

62.

Enforced disappearances violate numerous substantive and procedural provisions of

the Covenant, including articles 9 and 14, and constitute a particularly aggravated form of

arbitrary detention.8 In particular, the abduction of Ms. Nait Sid on 24 August 2021 took

place without the legal processes being respected and with no judicial oversight, in violation

of the requirement under article 9 (1) of the Covenant that no one may be deprived of his or

her liberty except on such grounds and in accordance with such procedure as are established

by law. Although the source does not know whether Ms. Nait Sid was shown an arrest

5 A/HRC/19/57, para. 68.

6 A/HRC/36/38, para. 8.

7 A/HRC/16/48/Add.3, para. 21; and CCPR/C/DZA/CO/4, paras. 29–30.

8 Human Rights Committee, general comment No. 35 (2014), para. 17; and opinions No. 37/2021, para.

65; No. 41/2020, para. 61; and No. 11/2020, para. 41.

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warrant, the Working Group is convinced that the applicable procedure was not respected

during the abduction. The Government has not provided any clarification on this point.

Furthermore, Ms. Nait Sid’s abduction constitutes a violation of article 9 (2) of the Covenant,

which requires that anyone arrested must be informed, at the time of arrest, of the reasons for

the arrest. As the authorities failed to comply with the applicable procedures, including the

obligation to produce an arrest warrant9 and to inform Ms. Nait Sid of the reasons for her

arrest,10 it was impossible for them to invoke any legal basis for her detention.

63.

According to article 9 (3) of the Covenant, anyone arrested or detained on a criminal

charge is to be brought promptly before a judge. As the Human Rights Committee has noted,

48 hours is ordinarily sufficient to satisfy the requirement of bringing a detainee “promptly”

before a judge following arrest, and any longer delay must remain absolutely exceptional and

be justified under the circumstances.11 The source claims that Ms. Nait Sid was not brought

before a judicial authority until 1 September 2021, seven days after her abduction. The

Government cites the applicable law on police custody, including the relevant provisions of

the Code of Criminal Procedure, and claims that Ms. Nait Sid’s detention was overseen by

the courts and that neither she nor her lawyer has complained of a violation of her rights.

However, the Government does not specifically address the source’s allegations, including

those concerning the length of time that Ms. Nait Sid spent in police custody between her

arrest and her initial appearance in court on 1 September 2021. Therefore, the Working Group

considers that the authorities have violated Ms. Nait Sid’s right to be brought promptly before

a judge, under article 9 (3) of the Covenant.

64.

Furthermore, the Working Group considers that, when Ms. Nait Sid appeared before

the investigating judge on 1 September 2021, she did not have a real opportunity to challenge

the lawfulness of her detention since she had been subjected to enforced disappearance and

held in incommunicado detention until the hearing and had therefore not been able to consult

her lawyer.12 Holding persons incommunicado violates their right to challenge the lawfulness

of their detention before a court under article 9 (4) of the Covenant.13 Ms. Nait Sid was denied

this right and her right to an effective remedy, which is enshrined in article 8 of the Universal

Declaration of Human Rights and article 2 (3) of the Covenant. She was also placed outside

the protection of the law, in violation of article 6 of the Universal Declaration of Human

Rights and article 16 of the Covenant.

65.

According to the source, Ms. Nait Sid has been in pretrial detention since 1 September

2021. Her lawyers have submitted several petitions to the court to show that the charges of

terrorism are unfounded and have submitted requests for her provisional release, all of which

have been rejected by the Sidi M’Hamed Court. The source argues that, under national and

international law, pretrial detention should be an exceptional measure imposed only when

certain specific conditions have been met. According to the source, Ms. Nait Sid is a well-

known human rights defender who has always responded to police summonses and there is

no reason for her to be kept in detention pending trial. According to the Government, Ms.

Nait Sid was placed in pretrial detention on the basis of articles 123 and 123 bis of the Code

of Criminal Procedure, which set out the factors that the investigating judge must take into

consideration in imposing the measure. She exercised her right to appeal against the detention

order and submitted a request for provisional release but did not file a complaint alleging a

violation of her rights.

9 Opinions No. 45/2019, para. 51; and No. 44/2019, para. 52 (recalling that it is not sufficient for there

to be a law that authorizes the arrest; the authorities must invoke that law and apply it through an

arrest warrant).

10 Opinions No. 4/2021, para. 83; No. 46/2020, para. 40; and No. 59/2019, para. 46 (stating that an

arrest is arbitrary if the arrested person is not informed of the reasons for the arrest).

11 Human Rights Committee, general comment No. 35 (2014), para. 33; CCPR/C/DZA/CO/4, paras. 35–

36; and A/HRC/10/21, para. 54 (d).

12 Opinion No. 61/2020, para. 70 (noting that the assistance of a lawyer is an essential guarantee of the

right to challenge one’s detention in court). See also Human Rights Committee, general comment No.

35 (2014), para. 46; and opinion No. 37/2021, para. 66.

13 Opinions No. 36/2020, para. 53; and No. 16/2020, para. 62. See also A/HRC/10/21, para. 54 (e).

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66.

According to article 9 (3) of the Covenant, pretrial detention must be the exception

rather than the rule and should be ordered for the shortest possible length of time.14 It must

be based on an individualized determination that it is reasonable and necessary for such

purposes as to prevent flight, interference with evidence or the recurrence of crime.15 Courts

must consider the appropriateness of imposing alternative measures such as bail. 16 In

determining whether the conditions governing pretrial detention have been met, the Working

Group focuses on whether the national courts have taken into account the particular

circumstances of the person concerned but does not check whether there are risks that would

make detention necessary.17

67.

In the case of Ms. Nait Sid, it appears that the investigating judge took into account

the conditions mentioned in articles 123 and 123 bis of the Code of Criminal Procedure in

ordering pretrial detention, namely the risk of flight, tampering with evidence and recidivism.

However, the Government does not clearly indicate whether the investigating judge assessed

the appropriateness of imposing alternatives to detention. It notes that national law provides

for procedures to ensure that defendants appear at trial, including pretrial detention, but it

does not refer to the possibility of imposing non-custodial measures (such as bail, mandatory

reporting to the authorities, or electronic bracelets), nor does it specify whether or how, in

Ms. Nait Sid’s case, the investigating judge considered imposing one of these measures,

rather than pretrial detention. Consequently, Ms. Nait Sid’s pretrial detention is not in

compliance with article 9 (3) of the Covenant and has no legal basis.18

68.

The Working Group therefore concludes that Ms. Nait Sid’s arrest and detention have

no legal basis and are arbitrary under category I.

Category II

69.

The source claims that Ms. Nait Sid has not been afforded the right to freedom of

opinion and expression or the right of ethnic, religious and linguistic minorities to enjoy their

own culture, to profess and practise their own religion and to use their own language, as

guaranteed by articles 19 and 27 of the Covenant.

70.

According to the source, Ms. Nait Sid is facing extremely serious, politically

motivated charges that are aimed at silencing dissenting voices and intimidating civil society.

She has been charged with eight terrorist offences, punishable by penalties ranging from 10

years’ to life imprisonment. As the Co-President of the Amazigh World Congress, she is

known as a defender of Amazigh rights both in Algeria and abroad. She has participated in

numerous international meetings, particularly on human rights and climate change. The

Government maintains that Ms. Nait Sid was arrested after police investigations had been

conducted into her alleged membership of a terrorist movement and the ideas that she was

disseminating in the media and online. The investigations allegedly revealed that she was an

active member of MAK, which the Government considers to be a terrorist organization, and

that she had established links with it through her activities within the Amazigh World

Congress. Ms. Nait Sid reportedly stated that she had joined MAK in 2004 and had been

appointed the National Secretary for Women’s Affairs.

71.

Article 19 (2) of the Covenant provides that everyone has the right to freedom of

expression. This right includes the freedom to seek, receive, and impart information and ideas

of all kinds. It protects political discourse, discussion of human rights, cultural expression

and all means of dissemination19 and guarantees the freedom to express opinions that are not

in line with government policy.20

14 A/HRC/19/57, paras. 48–58; and opinions No. 64/2020, para. 58; and No. 62/2019, paras. 27–29.

15 Human Rights Committee, general comment No. 35 (2014), para. 38; and opinion No. 45/2016, para.

51.

16 Human Rights Committee, general comment No. 35 (2014), para. 38.

17 Opinions No. 37/2021, para. 72; and No. 46/2020, para. 62.

18 Opinions No. 64/2020, para. 58; No. 36/2020, para. 51; and No. 3/2019, para. 57.

19 Human Rights Committee, general comment No. 34 (2011), paras. 11–12.

20 Opinions No. 8/2019, para. 55; and No. 79/2017, para. 55.

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72.

The Working Group considers that Ms. Nait Sid’s activities in defence of the Amazigh

people’s rights, including her participation in international meetings, are protected by the

right to freedom of expression guaranteed by article 19 of the Universal Declaration of

Human Rights and article 19 of the Covenant, and that she was detained for having peacefully

exercised this right. This conclusion takes into account the fact that Ms. Nait Sid was a

member of MAK in 2004 but stepped down from her role in 2005, the year in which she

joined the Amazigh World Congress. Moreover, the Government does not mention any

activity carried out by Ms. Nait Sid, either as an alleged active member of MAK or in the

framework of the Amazigh World Congress, that could reasonably be considered to

constitute an act of terrorism. In the absence of any information demonstrating her

involvement in acts of violence instigated by MAK, there are no legitimate grounds to restrict

the exercise of her freedoms.21

73.

According to the Government, Ms. Nait Sid established links with MAK through her

association with the Amazigh World Congress and the activities that she carried out in this

connection. According to the source, any dealings that Ms. Nait Sid has with MAK or any

other political or civil society organization fall strictly within the scope of her human rights

activities. The Working Group considers that, in her capacity as Co-President of the Amazigh

World Congress, Ms. Nait Sid was peacefully exercising the right to freedom of association

guaranteed in article 20 of the Universal Declaration of Human Rights and article 22 of the

Covenant, and that she was arrested for this reason.22 It also considers that Ms. Nait Sid, as a

member of the Amazigh minority in Algeria, was arrested for peacefully defending her23 and

other Amazighs’24 right to enjoy their own culture, to profess and practise their own religion

and to use their own language, as guaranteed by article 27 of the Covenant. In this regard,

the Working Group concurs with the Human Rights Committee’s view that the right

protected under article 27 of the Covenant is distinct from the right to self-determination,25

which is not at issue in this case.

74.

There is nothing to suggest – and the Government has not argued – that the restrictions

referred to in articles 19 (3) and 22 (2) of the Covenant apply in the present case. The

Government has not explained why it was necessary to prosecute Ms. Nait Sid in order to

protect a legitimate interest within the meaning of these provisions, or why charging her with

serious terrorist offences punishable by long prison sentences was a proportionate response

to the activities of which she is accused. Furthermore, there is no evidence to suggest that

Ms. Nait Sid’s conduct or activities could reasonably be regarded as a threat to national

security, public order, public health or morals, or the rights or reputations of others.

75.

According to the Declaration on the Right and Responsibility of Individuals, Groups

and Organs of Society to Promote and Protect Universally Recognized Human Rights and

Fundamental Freedoms, everyone has the right, individually and in association with others,

to promote and to strive for the protection and realization of human rights and to draw public

attention to the observance of human rights.26 Ms. Nait Sid was arrested for the exercise of

her rights under this instrument. Arresting individuals on the basis of their activities as human

rights defenders constitutes a violation of their right to equality before the law and equal

protection of the law under article 7 of the Universal Declaration of Human Rights and article

26 of the Covenant.27

76.

The Working Group concludes that Ms. Nait Sid has been detained for exercising the

rights enshrined in articles 19 and 20 of the Universal Declaration of Human Rights and

articles 19, 22 and 27 of the Covenant and that her deprivation of liberty is contrary to article

7 of the Universal Declaration of Human Rights and article 26 of the Covenant. Therefore,

21 Opinion No. 1/2016, para. 35.

22 Opinion No. 53/2020, para. 29.

23 Human Rights Committee, general comment No. 23 (1994), para. 1 (noting that article 27 of the

Covenant relates to a right conferred on individuals belonging to a minority group, as well as a right

exercised in community with other members of that group).

24 Ibid., para. 6.2.

25 Ibid., paras. 2 and 3.1.

26 General Assembly resolution 53/144, annex, arts. 1 and 6 (c).

27 See opinions No. 40/2021, No. 16/2020, No. 15/2020, No. 45/2019 and No. 45/2016. See also

A/HRC/48/55, paras. 46–50.

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her arrest and detention are arbitrary under category II. The Working Group refers the case

to the Special Rapporteur on the promotion and protection of the right to freedom of opinion

and expression and the Special Rapporteur on the rights to freedom of peaceful assembly and

of association. Given that the communication raises issues relating to the rights of the

Amazigh, it also refers the case to the Special Rapporteur on minority issues and the Special

Rapporteur on the rights of indigenous peoples.

77.

The source notes that Ms. Nait Sid has been charged with several violations of article

87 bis of the Criminal Code. It recalls that, in 2018, the Human Rights Committee expressed

concern about this article and noted that it defines the crime of terrorism in overly broad and

vague terms that would allow for the prosecution of actions that might constitute exercise of

the freedom of expression or peaceful assembly, as in this instance.28 The Committee was

also concerned about the inappropriate use of counter-terrorism measures against human

rights defenders.29

78.

The principle of legality requires that laws be formulated with sufficient precision so

that the individual can acquire access to and understand the law and regulate his or her

conduct accordingly.30 However, article 87 bis and other provisions of the Criminal Code31

define terrorist offences in excessively broad terms, which may, as in this case, proscribe the

peaceful exercise of rights guaranteed by international law. In some circumstances, the laws

are so vague and broadly worded that it is impossible to invoke any legal basis justifying the

deprivation of liberty.

79.

The Working Group refers the case to the Special Rapporteur on the promotion and

protection of human rights and fundamental freedoms while countering terrorism.

Category III

80.

Given its finding that Ms. Nait Sid’s detention is arbitrary under category II, the

Working Group emphasizes that no trial should take place. Ms. Nait Sid has been in pretrial

detention since 1 September 2021 and no trial date has yet been set, despite the fact that she

is facing two trials, one before the criminal chamber and the other before the counter-

terrorism section.

81.

According to the source, Ms. Nait Sid is not allowed to communicate confidentially

with her lawyers in prison, in violation of principle 18 of the Body of Principles for the

Protection of All Persons under Any Form of Detention or Imprisonment. In the visiting

room, she is separated from her lawyers by a soundproof glass partition, forcing her to

communicate with them using signs and gestures in order to avoid using the telephone, which

prison staff could use to listen in on confidential conversations. Ms. Nait Sid is unable to

confide in her lawyers or her family, especially regarding her conditions of detention, for fear

of reprisals. The Government states that glass partitions and telephones were installed in

March 2020 to prevent the spread of COVID-19. Since November 2021, visits have taken

place without such partitions. Ms. Nait Sid has received 34 visits from her lawyer; 19 of these

visits took place without a partition, while 15 took place with one. The Working Group notes

that the Government does not deny that the prison authorities can listen in on telephone

conversations. This suggests that Ms. Nait Sid’s concerns are well founded.

82.

Persons deprived of their liberty have the right to legal assistance by counsel of their

choice at any time during their detention, including immediately after their apprehension, and

such access must be provided without delay.32 Legal consultations may be within sight but

not within hearing of the authorities, and all communications with counsel must remain

28 CCPR/C/DZA/CO/4, para. 17.

29 Ibid., paras. 17–18. See also CAT/C/DZA/CO/3, para. 4.

30 Opinion No. 41/2017, paras. 98–101. See also opinion No. 62/2018, paras. 57–59.

31 See paras. 11 and 29 above.

32 United Nations Basic Principles and Guidelines on Remedies and Procedures on the Right of Anyone

Deprived of Their Liberty to Bring Proceedings Before a Court (A/HRC/30/37, annex), principle 9

and guideline 8; A/HRC/45/16, para. 51; and Human Rights Committee, general comment No. 35

(2014), para. 35.

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confidential.33 In the event of a health emergency, States must ensure that counsel can

continue to communicate with their clients in circumstances in which privileged and

confidential discussions can take place.34

83.

Ms. Nait Sid is in pretrial detention. The proceedings are therefore at an important

stage, during which it is essential that she be able to conduct full and confidential discussions

with her lawyers, particularly given the seriousness of the charges against her. Although the

majority of her discussions with counsel took place without a glass partition, almost half of

them were conducted through a partition, which would have been a considerable barrier to

communication. Ms. Nait Sid was unable to have clear, precise, and detailed discussions with

her attorneys as she was using gestures and signs. The authorities should have used other

preventive measures to counter the threat posed by COVID-19, such as secure online

communications, masks, or less severe restrictions. The Working Group considers that, in

failing to ensure the confidentiality of all Ms. Nait Sid’s meetings with her lawyers, the

authorities have violated her right to equality of arms, her right to have adequate time and

facilities for the preparation of her defence and her right to communicate with counsel of her

own choosing, under article 14 (1) and (3) (b)35 of the Covenant.

84.

The Working Group is concerned that Ms. Nait Sid is unable to discuss or complain

about her conditions of detention because she fears reprisals. The authorities must ensure that

prisoners can freely express their concerns or make complaints about their conditions of

detention, without fear of reprisals, including to their lawyers or relatives or through

independent bodies responsible for monitoring and overseeing places of detention.36

85.

Lastly, the source reports that Ms. Nait Sid is being charged with belonging to a

terrorist organization and can therefore be held in pretrial detention for a period of four

months, renewable five times.37 As the Working Group has repeatedly stated, even when

detention is carried out in conformity with national legislation, the Government must ensure

that it is also consistent with the relevant provisions of international law.38 Under articles 9

(3) and 14 (3) (c) of the Covenant, anyone arrested or detained on a criminal charge must be

tried within a reasonable time and without undue delay. Authorizing the pretrial detention of

terrorism suspects for a period of four months, renewable five times, may result in detention

of a duration that is incompatible with these articles and contrary to the principle of the

presumption of innocence guaranteed in article 14 (2) of the Covenant. Pretrial detention

must remain exceptional and must never be of excessive length, even for the most serious

terrorist offences.39

86.

Ms. Nait Sid has been deprived of her liberty since 24 August 2021. The Working

Group considers that the delay in bringing her to trial is unacceptable and contrary to articles

9 (3) and 14 (3) (c) of the Covenant. Since Ms. Nait Sid’s arrest is arbitrary under category

II, any delay in bringing her to trial is unreasonable.40

87.

The Working Group concludes that the violations of the right to a fair trial are of such

gravity as to give Ms. Nait Sid’s detention an arbitrary character under category III.

Category V

88.

According to the source, Ms. Nait Sid is an Amazigh human rights defender who is

known and recognized in Algeria and abroad, especially among indigenous populations. She

is charged with having used her position as Co-President of the Amazigh World Congress to

33 United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules),

rule 61 (1); Body of Principles for the Protection of All Persons under Any Form of Detention or

Imprisonment, principle 18 (3); A/HRC/30/37, annex, principle 9 and guideline 8; Human Rights

Committee, general comment No. 32 (2007), para. 34; and CCPR/C/DZA/CO/4, para. 36.

34 Working Group on Arbitrary Detention, deliberation No. 11 (A/HRC/45/16, annex II), paras. 20–21.

35 A/HRC/10/21, para. 54 (g).

36 A/HRC/45/16/Add.1, para. 55.

37 In paragraph 38 above, the Government explains that pretrial detention may be ordered twice, with

each period lasting four months.

38 Opinion No. 36/2021, para. 70. See also opinions No. 50/2018, No. 37/2018 and No. 20/2018.

39 A/HRC/39/45/Add.2, para. 36.

40 Opinions No. 10/2021, para. 78; No. 16/2020, para. 77; and No. 8/2020, para. 75.

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establish relations with an alleged terrorist organization. Despite having been harassed by the

Algerian police and judiciary for several years, she has always answered summonses issued

by the authorities. The Government does not specifically mention any act of terrorism

committed by Ms. Nait Sid that would disprove these claims. The Working Group therefore

concludes that she was arrested and detained because she is a member of the Amazigh

community and a defender of its rights.

89.

The Working Group considers that Ms. Nait Sid was deprived of her liberty on

discriminatory grounds, that is, on the basis of her national, ethnic or social origin and her

status as a human rights defender, in violation of articles 2 and 7 of the Universal Declaration

of Human Rights and articles 2 (1) and 26 of the Covenant.41 Her detention is therefore

arbitrary under category V, and the Working Group refers the case to the Special Rapporteur

on the situation of human rights defenders.

Concluding remarks

90.

The source alleges that Ms. Nait Sid is being held in conditions that do not meet

international standards. She is being held in a cell with nine other women, including some

who have an ideology contrary to her values and principles and others who have already been

convicted and sentenced. Although Ms. Nait Sid suffers from arthritis and her physical and

mental health are deteriorating, she is not permitted to receive medication or even clothing

from the outside. The prison authorities ignore the fact that she is a vegetarian, while allowing

other inmates to follow a halal diet. Ms. Nait Sid is allowed to receive a 15-minute visit from

her family every two weeks.

91.

According to the Government, Ms. Nait Sid’s detention with other prisoners accused

of terrorism is justified since prisoners are categorized according to the charges against them

and Ms. Nait Sid has been charged with terrorism. She is not suffering from any chronic

illness and has been examined by a physician eight times since September 2021. Her family

has been allowed to bring her clothing on four occasions. Her medical records do not indicate

that she is on a special diet, and she receives the same meals as the other inmates, in

accordance with the menus devised by the prison services. Owing to the measures imposed

to curb the spread of COVID-19, food may not be brought in from the outside. Family visits

take place through a glass partition and 20-minute phone calls are permitted every two weeks.

Since September 2021, Ms. Nait Sid has received 11 visits from her family.

92.

The Working Group recalls that, under article 10 (1) and (2) (a) of the Covenant, the

Government is required to treat all persons deprived of their liberty with humanity and to

ensure that prisoners awaiting trial, who have the right to be presumed innocent, are separated

from convicted prisoners.42 In addition, rules 22 and 24–35 of the United Nations Standard

Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) require the

authorities to provide prisoners with the necessary health care43 and to ensure that prisoners

receive nutritious food and are able to obtain food from the outside at their own expense.

Changes made to detention regimes in connection with the COVID-19 pandemic should not

prevent inmates from obtaining food and other supplementary items through their family and

support network.44 Lastly, in accordance with rule 58 of the Nelson Mandela Rules and

principles 15 and 19 of the Body of Principles for the Protection of All Persons under Any

Form of Detention or Imprisonment, prisoners should be allowed to communicate with their

family and friends45 at regular intervals. Attention46 should be paid as a priority to the special

41 Working Group on Arbitrary Detention, deliberation No. 12 (A/HRC/48/55, annex), paras. 54–56.

See also opinion No. 53/2020, para. 35; CCPR/C/DZA/CO/4, para. 19; and CERD/C/DZA/CO/20-21.

42 See also the Body of Principles for the Protection of All Persons under Any Form of Detention or

Imprisonment, principle 8.

43 See also the United Nations Rules for the Treatment of Women Prisoners and Non-custodial

Measures for Women Offenders (the Bangkok Rules), rules 5–18; and Working Group on Arbitrary

Detention, deliberation No. 12 (A/HRC/48/55, annex), para. 23 (e).

44 Working Group on Arbitrary Detention, deliberation No. 12 (A/HRC/48/55, annex), para. 79.

45 Bangkok Rules, rules 26–28.

46 Ibid., rules 54–55.

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needs of prisoners, including the needs of women in general and women members of minority

groups or indigenous peoples.

93.

The Working Group urges the Government to immediately and unconditionally

release Ms. Nait Sid, who has been arbitrarily deprived of her liberty since 24 August 2021,

and to ensure that she receives the necessary medical care.

Disposition

94.

In the light of the foregoing, the Working Group renders the following opinion:

The deprivation of liberty of Kamira Nait Sid, being in contravention of articles 2, 3,

6–10, 11 (1), 19 and 20 of the Universal Declaration of Human Rights and articles 2

(1) and (3), 9, 14, 16, 19, 22, 26 and 27 of the International Covenant on Civil and

Political Rights, is arbitrary and falls within categories I, II, III and V.

95.

The Working Group requests the Government of Algeria to take the steps necessary

to remedy the situation of Ms. Nait Sid without delay and bring it into conformity with the

relevant international norms, including those set out in the Universal Declaration of Human

Rights and the Covenant.

96.

The Working Group considers that, taking into account all the circumstances of the

case, including the risk to Ms. Nait Sid’s health, the appropriate remedy would be to release

Ms. Nait Sid immediately and accord her an enforceable right to compensation and other

reparations, in accordance with international law. 47 In the current context of the global

COVID-19 pandemic and the threat that it poses in places of detention, the Working Group

calls upon the Government to take urgent action to ensure the immediate release of Ms. Nait

Sid.

97.

The Working Group urges the Government to ensure a full and independent

investigation of the circumstances surrounding the arbitrary deprivation of liberty of Ms. Nait

Said and to take appropriate measures against those responsible for the violation of her rights.

98.

In accordance with paragraph 33 (a) of its methods of work, the Working Group refers

the present case to the Working Group on Enforced or Involuntary Disappearances, the

Special Rapporteur on the promotion and protection of the right to freedom of opinion and

expression, the Special Rapporteur on the rights to freedom of peaceful assembly and of

association, the Special Rapporteur on minority issues, the Special Rapporteur on the rights

of indigenous peoples, the Special Rapporteur on the promotion and protection of human

rights and fundamental freedoms while countering terrorism and the Special Rapporteur on

the situation of human rights defenders, for appropriate action.

99.

The Working Group requests the Government to disseminate the present opinion

through all available means and as widely as possible.

Follow-up procedure

100.

In accordance with paragraph 20 of its methods of work, the Working Group requests

the source and the Government to provide it with information on action taken in follow-up

to the recommendations made in the present opinion, including:

(a)

Whether Ms. Nait Sid has been released and, if so, on what date;

(b)

Whether compensation or other reparations have been made to Ms. Nait Sid;

(c)

Whether an investigation has been conducted into the violation of Ms. Nait

Sid’s rights and, if so, the outcome of the investigation;

(d)

Whether any legislative amendments or changes in practice have been made to

harmonize the laws and practices of Algeria with its international obligations in line with the

present opinion;

(e)

Whether any other action has been taken to implement the present opinion.

47 See Working Group on Arbitrary Detention, deliberation No. 10 (A/HRC/45/16, annex I).

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101.

The Government is invited to inform the Working Group of any difficulties it may

have encountered in implementing the recommendations made in the present opinion and

whether further technical assistance is required, for example through a visit by the Working

Group.

102.

The Working Group requests the source and the Government to provide the above-

mentioned information within six months of the date of transmission of the present opinion.

However, the Working Group reserves the right to take its own action in follow-up to the

opinion if new concerns in relation to the case are brought to its attention. Such action would

enable the Working Group to inform the Human Rights Council of progress made in

implementing its recommendations, as well as any failure to take action.

103.

The Working Group recalls that the Human Rights Council has encouraged all States

to cooperate with the Working Group and has requested them to take account of its views

and, where necessary, to take appropriate steps to remedy the situation of persons arbitrarily

deprived of their liberty, and to inform the Working Group of the steps they have taken.48

[Adopted on 1 April 2022]

48 Human Rights Council resolution 42/22, paras. 3 and 7.