JUDICIARY REFORM ON THE FRONT BURNER, AND THE

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
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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
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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
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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
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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
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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