Joint statement on the escalated harassment and threats faced by lawyers in Algeria

Algeria

Lawyers for Lawyers, SHOAA for Human Rights and the Law Society of England and Wales have issued a joing statement expressing their grave concern regarding the escalation of prosecutions against lawyers for their work defending people involved in the Hirak movement in Algeria. 

Following 2019 and the first wave of arrests of peaceful Hirak demonstrators, lawyers in Algeria have formed “The Collective for the Defense of Hirak Detainees”. However, these lawyers have since faced arbitrary arrests, detentions and prosecutions due to their human rights work. Such persecutions have been facilitated by the introduction of several legal measures that criminalise the legitimate work of lawyers and human rights activists.

This series of events underscores the challenges faced by lawyers in Algeria as they discharge their professional duties and exercise their freedom of expression, it highlights the critical importance of upholding the principles outlined in the United Nations Basic Principles on the Role of Lawyers.

Following the initial wave of arrests of peaceful Hirak demonstrators in 2019, lawyers formed “The Collective for the Defense of Hirak Detainees” to provide legal assistance to those arbitrarily arrested, detained, and prosecuted. However, these lawyers have faced escalating harassment from authorities, ranging from surveillance and obstruction to criminal prosecutions, arbitrary arrests, and imprisonment. This harassment has severely impacted their ability to serve the public and discuss human rights issues openly, leading to a significant reduction in the number of lawyers involved in defending human rights.

Several lawyers have faced prosecution and imprisonment due to their involvement in the Collective and their legitimate work advocating for fair trials and human rights. Examples include Mohamed Chahid, Abdelkader Chohra, Yacine Khlifi, Said Zahi, and Mohamed Amine Bendahmane, who have all experienced various forms of harassment, assault, suspension from work, and legal challenges. Additionally, the introduction of legal measures, such as Presidential Decree No. 21-09, Order 21-08, and Executive Decree No. 21-384, has further complicated the situation by criminalizing the work of lawyers and human rights activists, undermining the rule of law and violating international standards.

These events underscore the challenges faced by lawyers in Algeria as they fulfill their professional duties and exercise their freedom of expression. They highlight the critical importance of upholding the principles outlined in the United Nations Basic Principles on the Role of Lawyers, which emphasize the rights of lawyers to perform their functions without intimidation or harassment and the obligation of authorities to safeguard their security.

Lawyers for Lawyers, SHOAA for Human Rights, and the Law Society of England and Wales urge the Algerian authorities to:

• Immediately and unconditionally release lawyer Mohamed Chahid;
• Stop judicial prosecutions and arbitrary sanctions against lawyers, and reinstate judges and lawyers who have been subjected to arbitrary penalties;
• Take immediate measures to ensure the protection and physical safety of lawyers and provide adequate safeguards;
• Ensure that all lawyers and members of the judiciary in Algeria can perform their professional duties and exercise freedom of expression without threat, intimidation, obstruction, harassment, inappropriate interference, or retaliatory actions;
• Take measures to protect and enhance the independence of the judiciary and the legal profession; and
• Take immediate steps to comply with Algeria’s international human rights obligations, including issuing an immediate and unconditional invitation to the UN Special Rapporteur on the independence of judges and lawyers, and other UN Special Procedures.

Click here for the full statement.