Penal Code and Ordinance 21-09 on data and administrative documents protection

Cases
Location of case in SG report
2024-023-001
Relevant SG report
Year of the report
2024
Country Geolocation

Latitude: 28.033886

Longitude: 1.659626

Country Geolocation (linked Cases)
Algeria
From Region
UN body that raised the case prior to the SG report
  • UN Special Procedures: Thematic
Type of record
General situation addressed
Was the victim a minor?
Yes
Type of rights defended
  • Unclear in SG Report
Was the victim a civil servant or member of the security forces or of the judiciary?
No
Engagement with UN body
  • Unclear
Type of attempted engagement
  • Other
Reprisal information
  1. Mandate holders addressed article 95 bis and other articles of the Penal Code and Ordinance 21-09 on data and administrative documents protection (DZA 12/2021) noting that the particularly vague wording of article 95 bis granted the authorities considerable discretionary power to prosecute human rights defenders and other activists receiving foreign funding. They also noted that this measure constituted an obstacle to international cooperation between associations or with other foreign organizations.
Types of reprisals suffered
  • Other
  • Threats/Intimidations (incl. "fear of reprisal")
Alleged/likely perpetrators
State actors
Was the reprisal based on new legislation?
Yes
Government response dates
2 March 2022
Government response content

On 2 March 2022, the Algerian Government replied to mandate-holders noting that Ordinance 21-09 was adopted in accordance with the Constitution, that it is not contrary to Algeria’s international obligations, and that it does not infringe upon any human right