1. The Amnesty law
On 27 February 2006, Algeria’s full cabinet, with President Abdelaziz Bouteflika presiding, approved
the “Decree Implementing the Charter for Peace and National Reconciliation”, bypassing a debate in
parliament, which was not in session. The full text of the law was not disclosed before its adoption.
The measures include extending a blanket amnesty to the security forces and seemingly also to statearmed
militias, while widening previous partial amnesties for members of armed groups, all of whom
have committed crimes under international law and other grave human rights abuses that so far have
not been investigated.
We believe that the proposed new measures amount to a denial of truth and justice to the victims of the
abuses and their families. They will bar victims and their relatives from seeking justice in Algeria and
prevent the truth of these abuses from emerging through Algerian courts. These measures, which
extend to crimes against humanity and other grave abuses, contravene international law. The European
Union must ask the Algerian authorities to investigate such abuses, hold their perpetrators accountable
and provide victims judicial remedies.
We would like to refer to the Conclusions of the UN Committee on Human Rights, which, as early as
1998, expressed its deep concern regarding the massacres and extra-juridical executions that occurred
in Algeria, calling for the events to be duly investigated and perpetrators to be brought to justice.
Further, in its report to the 62nd session of the UN Commission on Human Rights, the UN Working
group on Enforced or Involuntary Disappearances criticizes the Algerian authorities’ intention to
withhold the truth on and bring justice to the individual cases of disappearances, restating that
“disappearance is a continuing crime as long as the fate or whereabouts of the victim are not clarified”,
that “perpetrators of acts of enforced disappearances cannot benefit from special amnesty laws and that
mitigating circumstances can only be evoked in cases when the perpetrator has contributed to the
clarification of the case”, and calling upon the Algerian authorities to uphold their obligation under
Article 14 of the UN Declaration on enforced disappearances “to bring to justice all persons presumed
responsible for an act of enforced disappearance”.
It is crucial that the European Union call for the full implementation of Algeria’s international
obligations, as requested by UN bodies. We therefore urge the European Union to use the opportunity
provided during the Association Council to express the EU’s concern that Algeria is contravening
fundamental principles of international law and that the EU expects Algerian authorities to investigate
and prosecute without delay all those allegedly responsible for grave human rights violations and to
uphold the right of all victims of serious human rights abuses to truth, justice and full reparation,
which are essential guarantees to any process of reconciliation.

2. Freedom of Expression
The signatories to this letter receive continuous information that journalists, civil society activists and
government critics in Algeria are facing harassment, intimidation and the risk of imprisonment. Last
year, some 18 journalists were sentenced to imprisonment on defamation charges, in many cases after
complaints were filed by public officials.
The decree enacted on 27 February seeks to end not only prosecutions for crimes of the past, but even
public debate about them. The decree provides for punishments of up to five years in prison for those
who by speech or in writing “exploit the wounds of the National Tragedy” to tarnish the image of
Algeria or the good reputation of its agents.
This provision threatens the right of victims and their families, human rights defenders, journalists and
other Algerians to document, protest or comment critically on the conduct of state security forces
during the years of internal conflict. It even threatens to penalize families of the “disappeared” who
continue to campaign for disclosing the truth about the fate of their relatives.
This further narrows the space for freedom of expression at a time when authorities are aggressively
prosecuting journalists working in privately-owned media and where state media allow virtually no
dissenting views.
We call upon the EU to express strong concern that the current environment of intimidation in Algeria
constitutes an infringement on freedoms of expression and of assembly. We would like you intervene
within the framework of the EU Guidelines on human rights defenders and stress Algeria’s obligations
to protect human rights defenders. We further call on you to urge the Algerian authorities to facilitate
the prompt visit of the UN Rapporteur on freedom of expression, following his request.

3. Torture
Human rights organizations receive continued information that individuals arrested after protests were
tortured or ill-treated in custody. The vast majority of allegations of torture made during 2005 and in
previous years were not investigated. The UN Committee on the Rights of the Child expressed concern
about a number of cases of torture and ill-treatment of children reported in previous years. The UN
Special Rapporteur on torture was not invited to Algeria, despite repeated requests to visit the country
since 1997.
In violation of national and international law, detainees suspected of terrorism-related activities
continued to be held in a secret location during police custody and were denied the right to
communicate with their families, putting them at risk of torture.
We ask the European Union to request of the Algerian Minister of Foreign Affairs that his country
facilitate the visit of the UN Special Rapporteur on Torture which has been pending since 1992.
Lastly, the signatory organisations would like to take this opportunity to request the creation of a subcommittee
on human rights in the framework of the Association Agreement, which would monitor the
implementation of the human rights clause and human rights progresses at an expert level.
We look forward to receiving your account as to the Algerian Foreign Minister’s responses.

Yours sincerely,
Eric Sottas Sarah Leah Whitson
OMCT Human Rights Watch
Director Director for the Middle East and North Africa
(sign)
Dick Oosting Marc Schade-Poulsen
Amnesty International Euro-Mediterranean Human Rights Network
Director Director
Sidiki Kaba
FIDH
President

Contacts:
EMHRN: Sandrine Grenier, Brussels coordinator, +32 2513 37 97, sgr@euromedrights.net
FIDH, Antoine Madelin, Permanent Representative ti the EU, +32 2 209 62 89, amadelin@fidh.org
OMCT, Eric Sottas, Director, +41 22 909 49 39, omct@omct.org
Cc:
Ministers of Foreign Affairs of European Union Member States
High Representative of the European union for the CFSP, Mr. Javier Solana
Commissioner for external relations, Mrs. Benita Ferrero-Waldner
Personal Representative of the EU SG/HR for Human Rights, Mr. Michael Matthiessen.