Rafik Belamrania
Cases- Location of case in SG report
- 2017-001-001
- Relevant SG report
- Year of the report
- 2017
- From Country
- 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 Treaty Bodies: HRC
- UN Special Procedures: Thematic
- Dates of prior UN action
- 08 March 2017; 31 March 2017
- Type of record
- Named individual
- Gender
- Male
- Was the victim a foreign national?
- No
- Was the victim a minor?
- No
- Individual's/organization's activity
Founding member of Association pour les enfants des disparus forcés en Algerie –Mish’al
- Type of rights defended
- Civil/political rights
- Was the victim a civil servant or member of the security forces or of the judiciary?
- No
- Reported trigger of reprisal
Publishing on Facebook, on 14 February 2017, a decision made by the Human Rights Committee regarding the summary execution of his father in 1995.
- Engagement with UN body
- UN Treaty Bodies: HRC
- Dates of engagement
- 14 February 2017
- Type of attempted engagement
- Other
- Dates of mentioned reprisals
- 20 February 2017
- Location of mentioned reprisals
- Jijel
- Reprisal information
On 20 February 2017, Mr. Belamrania was summoned to and interrogated at the police station in Jijel. On 21 February 2017, he was charged with “apology of terrorism on Facebook,” under article 87 of the Penal Code and detained the following day.
- Alleged/likely perpetrators
- State actors
- Was the reprisal based on new legislation?
- No
- Does the report make general comment about country’s environment for engagement with UN?
- No
- Government response dates
- 29 May 2017; 18 July 2017
- Government response content
In its response to mandate holders dated 29 May 2017, the Government stated that on 28 November 2016 the judicial police was informed that a citizen publicly expressed his support for people accused of “apology of terrorism” and it was established that the person in question was Mr. Belamrania. The Government informed that Mr.Belamrania circulated photos and expressed his support for terrorist organizations, including Daesh. The Government further informed that Mr. Belamrania was arrested on 20 February 2017, and on 22 February 2017 he was placed under custody, and stressed that Mr. Belamrania was provided with all legal guarantees during this process. The Government’s reply did not address the allegations relating to possible reprisals.
The Government responded on 18 July 2017 that the allegations of arbitrary detention of Mr. Belamrania were unfounded as he benefited from all guarantees during the process and that his custody did not go over the maximum time allowed in the penal code.The Government further stated that the arrest of Mr. Belamrania had nothing to do with the situation of his father.
- Is the country cited for a "pattern of reprisal" in the context of this case?
- No
- Is a pattern of reprisals mentioned otherwise in the context of this case?
- No
- Does the report cite "self-censorship" as an issue in the context of this case?
- No
- How many times has the case been followed up in subsequent SG reports?
- 1
- In which SG report was this case followed up on? 0
- 2018
- Follow up information provided in SG report 0
1.The case of Mr. Rafik Belamrania was included in the 2017 report of the Secretary-General (see A/HRC/36/31, para. 20 and Annex I paras 1-3).Mr. Belamrania, founding member of the Association pour les enfants des disparus forcés en Algerie –Mish’al, is the author of communication No. 2157/2012 against Algeria to the Human Rights Committee regarding the abduction, torture and summary execution of his father, Mr. Mohammed Belamrania, by the Algerian army in 1995.Three special procedures mandate holders raised concerns with the Government over alleged reprisals against Mr. Belamrania for publishing on Facebook on 14 February 2017, the decision of the Human Rights Committee, regarding the summary execution of his father in 1995 (A/HRC/36/25, DZA 2/2017). He was charged with “apology of terrorism,” and accused of circulating photos and expressing his support for terrorist organizations, including Daesh.2.On 15November 2017, Mr. Belamrania was sentenced to five years in prison for “incitement to terrorism” and fined 100,000 Algerian dinars (860 USD). On 5 February 2018, he was sentenced on appeal to one year in prison followed by a two-year suspended sentence, and released on 16 February 2018.He was not granted any reparation or rehabilitation.3.On 6 December 2018 the Assistant Secretary-General for Human Rights addressed the allegations of reprisals to the Government, who responded on 12 February 2018, reiterating their response of 29 May2017 to special procedures that the allegations of arbitrary detention of Mr. Belamrania were unfounded as he was indicted for the “criminal offense of apology of terrorism,” and that he benefited from all guarantees during his hearing and while in custody.The Government did not address the allegations of reprisals.
- Followup Trends 0
- Deterioration/further reprisals
- Did the government respond? 0
- Yes
- Was this case followed up by a UN body? 0
- Assistant Secretary-General