Annual Report 2012
The state of the world's human rights

Document - Algeria: Further information on Incommunicado detention/fear of torture or ill-treatment


PUBLIC AI Index: MDE 28/005/2007

2 February 2007


Further Information on UA 19/07 (MDE 28/004/2007, 26 January 2007) Incommunicado detention/fear of torture or ill-treatment


ALGERIA Two Algerian men, known as "Q" and "K"


New name: Algerian man known as "H"


Amnesty International has received reports indicating that "Q" and "K", who were deported from the UK to Algeria on 20 and 24 January 2007 respectively, were each allowed to make one phone call to a person of their choosing when they were first taken into detention.


However, according to the information available to Amnesty International, the two men remain in custody and have reportedly not had contact with the outside world since then. In particular, it appears that the Department for Information and Security (Département du renseignement et de la sécurité, DRS), in whose custody they have been held, has not allowed them to receive visits from their families, in apparent violation of Article 51 of the Algerian Criminal Procedure Code. Furthermore, the exact location of the detention centre where the two men are being held remains undisclosed, though Amnesty International understands that they are likely still to be detained in military barracks belonging to the DRS in central Algiers. For these reasons, as well as the fact Algeria’s civilian authorities do not exercise effective control over the activities of the DRS and routinely overlook frequent abuses by its officers, Amnesty International remains concerned that both men are at risk of torture or other ill-treatment.


"Q" and "K" are being held on suspicion of involvement in terrorist acts and, according to Algerian law, may therefore be held without charge and without access to legal counsel for a maximum of 12 days; that is, until 5 February.


A third Algerian man, known only as "H" for legal reasons, was deported from the UK to Algeria on 26 January. According to reports received by Amnesty International, he was interviewed briefly by security force officers on arrival at Algiers airport and told that he would be required for more detailed questioning a few days later, but then allowed to return to his family home. A British diplomatic official was reportedly at the airport at the time. On 30 January, "H" reported to the authorities as requested and was taken into detention by the DRS. His family has had no contact with him since, but understand that he may be detained in military barracks belonging to the DRS in central Algiers. Amnesty International is concerned that "H" is at risk of torture or other ill-treatment.


A fourth Algerian man, known only as "P" for legal reasons, was deported from the UK to Algeria on 27 January and arrested on arrival at Algiers airport. He too was taken into detention by the DRS on suspicion of possessing information about terrorist acts. He was allowed to make a phone call to a member of his family when first taken into detention. "P" was released on 30 January.


BACKGROUND INFORMATION

"H" is in his mid-30s and, up until his deportation, lived in London, UK, with his wife, a Somali-born UK citizen. He has no children but jointly cared for his wife's nieces. He had been granted indefinite leave to remain in the UK in 1998. "P" is in his early 40s and has had both forearms amputated.


"H" and "P", like "Q" and "K", were among a group of men labelled as "suspected international terrorists" by the UK authorities under the now defunct Part IV of the Anti-terrorism, Crime and Security Act 2001 (ATCSA). All were previously interned in Belmarsh high security prison in London, UK. In March 2005 they were all "released" from detention under the ATCSA and put under a "control order" imposed on them pursuant to the Prevention of Terrorism Act 2005. They were re-arrested in August 2005 and held under immigration powers pending deportation on national security grounds to Algeria. "H" and "P" were eventually released from immigration detention following a grant of bail under very strict conditions amounting to house arrest. Like "Q" and "K", they decided to withdraw their appeals against deportation in 2006.


RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible, in Arabic, French, English or your own language:

- welcoming reports that the men known as "Q" and "K" were allowed to make one phone call to a person of their choosing when they were first taken into detention;

- calling on the authorities to disclose the exact location of the detention centre where "Q", "K" and "H" are being held and to permit all three of them to communicate with their families and to receive visits from them in custody, as required by Article 51 of the Algerian Criminal Procedure Code;

- urging the authorities to ensure that the three men are treated humanely in custody, are protected from torture and other ill-treatment and are given any medical attention they may require;

- calling on the authorities to release them unless they are promptly charged with a recognizably criminal offence and tried within a reasonable time.


APPEALS TO:

President

His Excellency Abdelaziz Bouteflika

Président de la République, Présidence de la République, El Mouradia, Alger, Algeria

Fax: +213 21 609618/ 691595

E-mail: president@el-mouradia.dz

Salutation: Your Excellency/Excellence


Justice Minister

His Excellency Tayeb Belaiz

Ministre de la Justice, Ministère de la Justice

8 Place Bir Hakem, 16030 El Bihar, Alger, Algeria

Fax: +213 21 922956/ 921701/ 925557

E-mail: belaiztayeb@mjustice.dz

Salutation: Your Excellency/Excellence


COPIES TO:

UK Foreign Minister

The Rt Hon Margaret Beckett MP

Secretary of State

Foreign and Commonwealth Office

King Charles Street,

London, SW1A 2AH, United Kingdom

Fax: + 44 20 7008 2144


Official Algerian human rights body, reporting to president

Commission nationale consultative de promotion et de protection des droits de l’Homme

M. Mustapha Farouk Ksentini (Président)

Palais du Peuple, Avenue Franklin Roosevelt, Alger, Algeria

Fax: + 213 21 239037/ 239005


and to diplomatic representatives of Algeria accredited to your country.


PLEASE SEND APPEALS IMMEDIATELY.Check with the International Secretariat, or your section office, if sending appeals after 16 March 2007.********



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