A/HRC/60/62
Special Rapporteur during his official visit to Algeria. Mandate holders also raised concerns
about the subsequent detention of Mr. Manseri under criminal charges4 in connection with
his contacts with international organizations, and the reported surveillance of Mr. Riahi after
his meeting with the Special Rapporteur (DZA 5/2023). In January 2024, the Government
responded to the mandate holders, reporting that on 14 January 2024, Mr. Manseri had been
sentenced under Articles 79, 100 and 196 bis (par. 1) of the Penal Code to 3 months in prison
and 3 months suspended sentence, and released the same day.5 Regarding Mr. Riahi, the
Government noted that the preliminary investigation against him preceded the arrival in
Algeria of the Special Rapporteur, and that on 10 January 2024 the case against him under
Article 96 of the Penal Code had been dismissed and that the prosecution had appealed the
decision.
8.
During the reporting period, the Special Rapporteur on freedom of association and
peaceful assembly and the Special Rapporteur on the situation of human rights defenders
each documented in their respective reports to the Human Rights Council fear and allegations
of reprisals related to the September 2023 visit to Algeria of the Special Rapporteur on
freedom of association and peaceful assembly. Both mandate holders referred specifically to
Mr. Manseri’s detention, and the Special Rapporteur on human rights defenders also
mentioned the alleged intimidation of Mr. Malik Riahi (A/HRC/56/50/Add.2, paras 81-82
and A/HRC/58/53/Add.1 paras 3, 63-64). On 30 January 2025, the Special Rapporteur on the
situation of human rights defenders expressed concerns publicly about the continued
criminalization of human rights defenders after her visit to the country.6
9.
According to information received by OHCHR, during the reporting period
Mr. Manseri left the country in June 2024 due to fear for his safety, was granted refugee
status on 25 October 2024, and his trial is ongoing. Regarding Mr. Riahi, according to
information received by OHCHR during the reporting period, Mr. Riahi faced four different
criminal proceedings before different Courts. Reportedly, he was arrested on 22 February
2025, subsequently charged under article 146, 144 bis, 196 bis, and 87 bis of the Penal Code
and remains in pre-trial detention at Kolea prison in connection to these charges. In a separate
proceeding, he was sentenced on 19 May 2024 to two years imprisonment and a fine of
500.000 dinars, which was confirmed by the Court of Appeal of Aïn Témouchen. Although
he was convicted, there was no committal order. In another proceeding at the Sidi Mhamed
Court, on 10 October 2024, the public prosecutor requested a sentence of three years
imprisonment under articles 196, 100 and 96 of the Penal Code. On 8 December 2024, Mr.
Riahi was sentenced to 18 months in prison by the criminal division of the Couria Court
under article 146 bis and 183 of the Penal Code. At the time of writing, Mr. Riahi remains in
prison based on the first case described above.
10.
The case of Mr. Mustapha Bendjamaa was included in the 2024 report of the
Secretary-General7 on allegations of arbitrary detention and criminal charges brought against
him in connection to his cooperation with OHCHR. Mr. Bendjamaa is the chief editor of the
Algerian regional newspaper “Le Provincial”, and a representative of La Ligue Algérienne
des Droits de l’Homme (LADH). Reportedly, Mr. Bendjamaa was detained in February 2023,
three months after he had met with OHCHR during its technical cooperation mission in
November 2022. On 22 August 2023, the Prosecutor questioned Mr. Bendjamaa about the
reason for and content of the said meeting with OHCHR. In August 2023, he was reportedly
sentenced to a DA 200,000 (USD 1,469) fine and two years of imprisonment, later on reduced
to 8 months, and remained detained under other charges until his release on 18 April 2024.
Initially Mr. Manseri was charged under the crimes of “publication of information prejudicial to
national unity” and “membership of a terrorist group” under Article 97 and 87 of the Penal Code,
which were reclassified under articles 79, 100 and 196 bis (par. 1) of the Penal Code regarding
national integrity, security, and public order.
5 See Government reply at
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=38101.
6 https://www.ohchr.org/en/press-releases/2025/01/algeria-special-rapporteur-dismayed-continuedcriminalisation-human-rights.
7 A/HRC/57/60, Annex I, para 9-12.
4
45