The Working Group on Arbitrary Detention issued its decision No. 24/2024 regarding the arrest and detention of journalist Mustapha Ben Jamea and researcher Raouf Farrah, in connection with the case of activist Amira Bouraoui.
The UN team considered the arrest and detention of Ben Jamea and Farrah as arbitrary practices according to all classifications determined by the body reviewing the case file.
The decision stated that the team noted numerous violations committed by the Algerian authorities, asserting that depriving Mustapha Ben Jamea and Raouf Farrah of their freedom is an arbitrary measure that contradicts Articles 3, 9, 11, 19, and 20 of the Universal Declaration of Human Rights, and Articles 9, 14, 15, 19, and 22 of the International Covenant on Civil and Political Rights.
The Working Group indicated that the judicial authorities in Algeria violated international standards related to the right to a fair trial for the accused, as journalistic activities and articles by journalist Mustapha Ben Jamea and the academic research of Raouf Farrah were used as evidence to convict them, thereby targeting them due to their journalistic, research, and human rights work.
The Working Group urged the Algerian government to ensure a comprehensive, independent investigation into the circumstances of the arbitrary deprivation of freedom of both Mustapha Ben Jamea and Raouf Farrah, to take the necessary actions against those responsible for violating their rights, and to compensate them for all the damage suffered since their arrest and throughout their imprisonment.
The case of Ben Jamea and Farrah began in February 2023, with their arrest on charges of “receiving funding to carry out acts that undermine public order,” under Article 95 bis of the Penal Code, and “publishing confidential information on electronic networks” under Article 38 of Law 09-21 for the protection of administrative data and documents.
On August 29, 2023, the Constantine Court sentenced journalist Mustapha Ben Jamea and researcher Raouf Farrah to two years in prison. On October 26, 2023, the Court of Appeal reduced the sentence to 20 months, 12 of which were suspended, in addition to a second sentence of six months imprisonment for Ben Jamea in connection with the case of activist Amira Bouraoui.
**Read the findings of the United Nations Working Group on Arbitrary Detention, click here
