Report for the “SHOAA for Human Rights Organization” on the Escalation of Persecution against Lawyers Defending Detainees of the Algerian Hirak Movement
This report sheds light on the deeply concerning rise in judicial persecutions targeting lawyers in Algeria.
On February 22, 2019, millions of Algerians took to the streets in protests in the capital and other cities, opposing a fifth term for then-President Abdelaziz Bouteflika and demanding fundamental change in the country’s governance system, advocating for the establishment of a just and lawful state, and asserting human rights, freedom, and democracy. Since June 2019, arrests of Hirak movement activists began, and threats against them escalated. Human rights conditions deteriorated significantly, prompting lawyers to voice their rejection of violations against freedom of expression and peaceful assembly. Many lawyers who remained committed to supporting the Hirak movement formed a coalition known as the ” The Collective for the Defense of Hirak Detainees,” operating voluntarily to defend those arbitrarily persecuted. Several members of this committee faced judicial harassment and intimidation.
This report, published by SHOAA Organization, documents the active role played by lawyers from The Collective for the Defense of Hirak Detainees, illustrating their exceptional dedication to defending Hirak activists. It showcases how they engaged with police stations and prosecutor’s offices to provide legal defense for detained young men and women from the Hirak movement.
Furthermore, the report highlights the risks and obstacles faced by lawyers in The Collective for the Defense of Hirak Detainees, detailing cases of arrests and legal proceedings against them due to their human rights activities and defense of Hirak detainees. It exposes legal violations in the prosecution of activists for exercising their rights to expression, peaceful assembly, and demands for human rights and the rule of law. The report presents ten examples of individuals who faced persecution, imprisonment, and harassment.
Additionally, the report discusses the international legal framework for the legal profession of lawyers, as per Article 16 of the United Nations Basic Principles on the Role of Lawyers, emphasizing the need to protect lawyers and prevent them from being subject to persecution or punishment for carrying out their duties. Article 23 of these principles recognizes lawyers’ right to freedom of expression and participation in public debates. The report also addresses the policies and laws enacted by the Algerian government to restrict the role of lawyers defending human rights and those who reject violations against freedom of expression and peaceful assembly.
In conclusion, the report asserts that Algerian authorities are targeting lawyers in The Collective for the Defense of Hirak Detainees with a retaliatory campaign of judicial harassment, prosecution, and imprisonment. They are also subjected to disciplinary measures based on unsubstantiated reasons because of their work on human rights issues and their defense of Hirak detainees.
In this report, the SHOAA Organization urges the Algerian government to:
1. Immediately and unconditionally release lawyer Mohamed Chahid and cease arbitrary judicial persecutions and punitive measures against lawyers.
2. Take immediate measures to ensure the physical safety and freedom of expression of lawyers.
3. Guarantee the ability of all lawyers and members of the judiciary in Algeria to carry out their professional duties without threats, intimidation, hindrance, or undue interference.
4. Take steps to protect and enhance the independence of the judiciary, as well as the independence of the legal profession.
5. Take immediate actions to comply with its international human rights obligations, including issuing an immediate and unconditional invitation to all relevant United Nations human rights mechanisms, particularly the Special Rapporteur on the Independence of Judges and Lawyers.
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