HUMAN RIGHTS LAWYERS AND GOA DISCUSS LEGAL ISSUES

C O N F I D E N T I A L ALGIERS 000912

SIPDIS

SIPDIS

E.O. 12958: DECL: 06/28/2017
TAGS: PGOV PHUM PREL SOCI AG
SUBJECT: HUMAN RIGHTS LAWYERS AND GOA DISCUSS LEGAL ISSUES

REF: ALGIERS 795

Classified By: DCM Thomas F. Daughton; reasons 1.4 (b, d)


1. (C) SUMMARY. In separate meetings with DRL DAS Erica
Barks-Ruggles, four prominent human rights lawyers and
Messaoud Boufercha, Secretary General of the Ministry of
Justice (MOJ),discussed legal issues and opportunities for
increased bilateral cooperation. Lawyers, who were
coincidentally in the midst of a nationwide strike,
criticized the current state-of-play of Algeria's legal
system and suggested ways for the USG to assist. Boufercha
insisted that MOJ responded favorably to all requests from
the lawyers, despite lawyers' claims to the contrary. He
also welcomed increased USG assistance to improve Algeria's
judicial system. END SUMMARY.

THE VIEW FROM THE LAWYERS
--------------


2. (C) At a June 9 dinner, prominent human rights lawyers
Mohamed Tahri, Fatma Benbraham, Mostefa Bouchachi and Khaled
Bourayou discussed ways to improve the Algerian legal system
with DAS Barks-Ruggles. They focused on three main issues:
judicial independence, training and reliable evidence.
Bouchachi explained that the nationwide lawyers' strike was a
reaction to the negative symbiotic relationship between the
judicial and executive branches in Algeria. Underscoring his
point, he added that the ministries of Defense and Interior
exerted undue influence over the judges, including through
general Executive Orders for handling certain types of cases.


3. (C) Because of this lack of judicial independence,
Bouchachi did not support additional USG investment in
magistrates. He advocated instead that young lawyers be
given the opportunity to travel to the United States and
learn about the American justice system. Bouchachi noted he
was not calling for an overhaul of Algeria's French-based
legal system, but was pushing for enlarging the country's
legal space to improve the quality of the next generation of
Algeria's lawyers. Bourayou added that the USG should expand
its contacts outside of Algiers, citing in particular the
Oran Bar Association. Tahri raised the importance a code of
conduct for judges and asked for assistance in his pursuit of
legal reforms, including strengthened regulations allowing
defense lawyers full access to their clients and any evidence
against them, starting at the time of arrest.


4. (C) Addressing ongoing problems associated with the
integrity of evidence in cases, Bourayou said improved
technology could aid prosecutors and police in establishing
solid cases while aiding defense lawyers in their defense,
thereby strengthening the overall legal system. He raised
the need for accurate evidence gathering and processing,
specifically through DNA-testing, noting that many cases
could be better dealt with through DNA testing if the means
and funds were available.

THE VIEW FROM THE JUSTICE MINISTRY
--------------


5. (C) On June 10, MOJ Secretary General Messaoud Boufercha
stated that he supported an expansion of the bilateral legal
relationship between Algeria and the United States. Algeria
wanted a bilateral agreement with the U.S. to facilitate
legal cooperation, and was interested in discussing the
possibilities with the U.S. Boufercha also welcomed USG
assistance that might include training judges who work
outside major metropolitan centers.


6. (C) When asked why lawyers were engaging in a one-day
nationwide strike on June 10 (reftel),Boufercha huffed "Ask
them!" He categorically rejected assertions made by lawyers
that they experienced difficulties working with the MOJ and
the Algerian legal system. "Whatever they ask," he said, "we
give it to them." He added that the MOJ was starting a
ministry-funded training program for lawyers, and insisted
that Algeria's judges were "absolutely independent."

COMMENT
--------------

7. (C) The relationship between lawyers and the government is
becoming increasingly tense, with the June 10 one-day
lawyers' strike underscoring the tension. Despite repeated
engagement from DAS Barks-Ruggles, Boufercha did not
articulate a vision for the future of U.S.-Algerian legal
cooperation. What should have been a substantive meeting was
a courtesy call that began with a lengthy diatribe against
striking lawyers. The lawyers, in stark contrast, were
clearly prepared to offer concrete suggestions on how to move
the country's legal system forward and how to advance
U.S.-Algeria legal cooperation.


8. (U) This cable has been cleared by DAS Barks-Ruggles.

FORD