On 30 September 2026, the UN Special Rapporteur on extrajudicial, summary or arbitrary executions, Morris Tidball-Binz, and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Pau Pérez-Sales, addressed a communication to the Algerian government concerning the bill amending and supplementing the Penal Code and the announced intention to resume executions after a de facto moratorium in place since 1993. The communication bears the reference OL DZA 5/2026. Pasted markdown
The UN experts examined the proposed amendments expanding the scope of the death penalty, particularly for certain offences related to intentional fires and the abduction and abuse of children, as well as provisions covering incitement, encouragement, financing, organization, participation, preparation and facilitation, including through information and communication technologies and social media.
The communication stressed that the International Covenant on Civil and Political Rights restricts the death penalty, in countries that have not abolished it, to the “most serious crimes,” explaining that this threshold applies to crimes of extreme gravity involving intentional killing. The experts noted that some of the proposed provisions could allow the death penalty to be imposed even where no death has occurred or without requiring proof of intent to kill.
The communication also warned about the broad wording of certain acts included in the bill, such as “encouraging,” “participating,” “preparing” and “facilitating,” particularly when linked to the use of social media. The experts stressed the need to distinguish between direct and intentional incitement to commit an offence and the expression of an opinion, the sharing of information, commentary on an event, or other forms of legitimate expression and participation, noting that an overly broad application of these provisions could result in restrictions incompatible with freedom of expression.
Regarding the August 2026 wildfires, the communication emphasized that a response consistent with the State’s obligations to protect the right to life cannot be limited to increasing criminal penalties. It must also include effective, independent and transparent investigations to establish all causes of the deaths and determine responsibility, including possible failures in prevention, warning systems, evacuation and rescue operations, while ensuring the identification of victims, the provision of information to and participation of their families, and their access to effective remedies.
The Special Rapporteurs called on the Algerian government to reconsider plans to resume executions, subject the proposed amendments to the Penal Code to a thorough assessment of their compatibility with Algeria’s international obligations, maintain and formalize the moratorium with a view to the full abolition of the death penalty, cease imposing new death sentences, and provide for the commutation of existing death sentences.
The experts also requested information from the Algerian authorities regarding investigations into the August 2026 wildfires, their causes and the responsibilities established, as well as measures taken to prevent further deaths. They further requested clarification on the status of the bill and safeguards relating to non-retroactivity, judicial independence, defence rights, and procedures for pardon and commutation.
The communication is to be transmitted to the competent authorities, including the Ministry of Justice, the People’s National Assembly and the Council of the Nation, so that its observations may be duly taken into account during the remainder of the parliamentary process and before the bill is adopted.
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