Identifier
Created
Classification
Origin
05ALGIERS1408
2005-07-12 11:58:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Algiers
Cable title:  

AMNESTY INTERNATIONAL AND HUMAN RIGHTS WATCH VISIT

Tags:  PHUM AG 
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This record is a partial extract of the original cable. The full text of the original cable is not available.
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
--------------------

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