The undersigned Algerian associations express their deep indignation at the note issued by the Algiers Bar Association on September 28, 2025, which imposes arbitrary and unjustified restrictions on lawyers’ freedom of expression, by requiring them to obtain prior authorization from the bar president before participating in public or media debates.
This note constitutes a blatant violation of the fundamental rights guaranteed by the Algerian Constitution, in particular:
- Article 54 of the 2020 Constitution, which enshrines the right of all citizens to freedom of expression and freedom of the press.
- Article 34, which states that fundamental rights and freedoms are guaranteed and protected by the State.
We recall that the lawyer is not merely an auxiliary of justice, but one of the essential pillars of the rule of law. Their fundamental roles include:
- Defending citizens’ rights and freedoms.
- Contributing to public debate on justice, law, and society.
- Safeguarding the rule of law, denouncing violations, and preventing abuses.
Silencing lawyers outside the courtroom not only weakens the profession but also undermines the very foundations of democracy, depriving society of independent legal opinions.
We note that this act reflects the practices of political policing and the security state, where laws are enforced only to serve the regime’s interests, but are completely disregarded when it comes to citizens striving to exercise their full citizenship — of which freedom of expression is a cornerstone.
We also emphasize that this measure constitutes a flagrant violation of international law and Algeria’s international commitments, notably:
- Law No. 13-07 of October 29, 2013, regulating the legal profession, which clearly defines the obligations and ethical rules (professional secrecy, independence, dignity), but nowhere requires prior authorization from the bar president to address the media.
- The International Covenant on Civil and Political Rights (Article 19), ratified by Algeria, which guarantees freedom of opinion and expression.
- The African Charter on Human and Peoples’ Rights, which guarantees freedom of expression and the right to a fair trial.
- The UN Basic Principles on the Role of Lawyers (Havana, 1990), which affirm lawyers’ right to freedom of expression and participation in public debate without illegitimate restrictions.
The imposition of such a condition amounts to illegal prior censorship, contrary to the principles of the rule of law, constitutional guarantees, and Algeria’s international obligations.
We therefore demand:
- The immediate withdrawal of the September 28, 2025 note, which constitutes a blatant violation of the Constitution and the law.
- Full respect for lawyers’ freedom of expression, within the limits provided by law (professional secrecy, dignity of the profession, prohibition of commercial advertising).
- Reaffirmation that the independence of lawyers is an integral part of the independence of the judiciary and the credibility of state institutions, both domestically and internationally.
The attempt by the Algiers Bar Association to restrict lawyers’ freedom of expression constitutes a dangerous precedent and a serious attack on the very essence of the lawyer’s mission. Lawyers’ freedom of expression is not a privilege granted by the bar, but a fundamental right and democratic guarantee that cannot be suspended or conditioned on prior authorization.
The future of the rule of law in Algeria requires free, independent lawyers fully engaged in public debate in service of justice and democracy.
Signatories:
- Democratic Algeria (France)
- Solidarités algériennes (Canada)
- Riposte Internationale (France)
- Collectif des familles disparues (CFDA)
- Fédération euro-méditerranéenne contre les disparitions forcées (FEMED)
- SHOAA for Human Rights
