La Ligue Algérienne pour la Défense des Droits de l’Homme (LADDH)

Cases
Case status
Unknown
Location of case in SG report
2023-007-001
Relevant SG report
Year of the report
2023
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
Dates of prior UN action
16 February 2023
Type of record
Named organization
Was the victim a foreign national?
No
Was the victim a minor?
No
Individual's/organization's activity

one of the oldest civil society organizations in the country working for the promotion and protection of human rights, and is a member of regional and global civil society networks.

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
Reported trigger of reprisal

participation in, the fourth cycle of Algeria’s Universal Periodic Review (UPR) in 2022; The judgement referred to communications and “submission of false information” to the United Nations Human Rights Council, communications with Special Procedures mandate holders, as well as “suspicious activities” related to its engagement with human rights civil society networks outside the country. 9. In 2022, the LADDH was part of the process of preparing two alternative civil society reports referenced in the summary of stakeholders’ submission (A/HRC/WG.6/41/DZA/3)7 to the UPR of Algeria. LADDH members Ms. Jamila Loukil and Mr. Kaddour Chouicha had planned to travel to Geneva to participate in the UPR pre-session of Algeria, scheduled to take place in-person in Geneva (Switzerland). On 24 August 2022, Mr. Chouicha and Ms. Loukil were questioned by the border police services at Oran airport delaying them so that they missed their flight. During the interrogation, they were reportedly asked about their “involvement with foreigners” and the nature of their work. Mr. Chouicha reportedly refused to answer any questions and police officers warned him that they would take him to a police station. Ms. Loukil was allowed to fly but refused to do so given the perceived threats of arrest against her husband; she spoke via pre-recorded message at the UPR NGO pre-session on Algeria on 31 August (DZA 2/2023).

Engagement with UN body
  • UN Special Procedures: thematic
  • UN Human Rights Council: UPR
Dates of engagement
2022, 31 August 2022,
Type of attempted engagement
  • Submission of information to UN
Dates of mentioned reprisals
May 2022, 24 August 2022, 28 September 2022
Location of mentioned reprisals
Algeria
Reprisal information

On 20 January 2023, members of the LADDH reportedly learned through social media that a judgement dated 28 September 2022 and issued by the Administrative Court of Algiers had ordered its dissolution, although they had not been notified. Reportedly, the judgment followed a May 2022 petition by the Ministry of the Interior according to which LADDH had failed to comply with Article 23 of the Law on Associations 12/06 of 12 January 2012, which requires obtaining prior approval to engage with international organizations. The judgement referred to communications and “submission of false information” to the United Nations Human Rights Council, communications with Special Procedures mandate holders, as well as “suspicious activities” related to its engagement with human rights civil society networks outside the country. The Interior Ministry named several prominent LADDH members during the proceedings, such as Mr. Kaddour Chouicha, a trade unionist, vice- president of the LADDH and responsible of the chapter in Oran, accusing them of “suspicious activities” and of disseminating false information detrimental to the national interest (DZA 2/2023).

Types of reprisals suffered
  • Administrative reprisal
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
Further case development
  1. On 23 March 2023, Mr. Chouicha participated via pre-recorded video statement in the UPR adoption of Algeria, noting that he was prevented from travelling to the UPR pre- session. In his reply, the Algerian Ambassador noted that Mr. Chouicha is awaiting trial and as such not permitted to travel without a prior authorisation that he did not request.9 According to information received by OHCHR, Mr. Chouicha has not been notified of any restrictions to his movements outside the country, and on 23 February 2023 filed an appeal to the Council of State challenging such restriction. Since 2021, Mr. Chouicha and Ms Loukil are indicted and face criminal charges related to national security that could carry a sentence of up to 20 years in prison if convicted (DZA 4/2021).10
Government response dates
17 April 2023
Government response content
  1. On 17 April 2023, the Government replied8 to mandate holders providing information of the dissolution of the LADDH. The Government noted that the Administrative Court of Algiers handed down its judgment on 29 June 2022 stating that the association had failed to comply with the obligations under articles 18 and 19 of the Associations Act and was operating in an irregular manner and engaged in unauthorized activities. The Government further noted that an appeal against the judgment may be lodged with the Administrative Court of Appeal, in accordance with Act No. 22-13 of 12 July 2022, as amended, and the Code of Civil and Administrative Procedure. According to information received by OHCHR, on 27 April 2023 LADDH members filed an appeal against the dissolution of the organization before the Algiers Administrative Tribunal.
Was the case raised by a State at the UN?
No
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
2024
Follow up information provided in SG report 0

The cases of Ms. Jamila Loukil and Mr. Kaddour Chouicha, both members of La Ligue Algérienne pour la Défense des Droits de l’Homme (LADDH), were included in the 2023 report of the Secretary-General1 on allegations of obstacles to and a ban on travelling abroad that prevented their in-person participation in the fourth cycle of Algeria’s Universal Periodic Review (UPR) in August 2022 (DZA 2/2023). On 14 June 2023, mandate-holders addressed allegations of judicial harassment of Mr. Chouicha and Ms. Loukil since 2019 and listed the appeals lodged by Mr. Chouicha, including before the State Council (Conseil d’Etat) in February 2023 in relation to the interdiction to leave the national territory. On 12 August 2023, the Government responded2 to mandate holders noting that Mr. Chouicha was awaiting trial and as such was not permitted to travel. The Government informed that since 2021 Mr. Chouicha and his co-defendants were indicted under charges related to national security, which could result in a sentence of 20-years’ imprisonment if convicted (art. 95 bis of the Penal Code). The Government also informed that Mr. Chouicha’s appeal related to the interdiction to travel abroad was rejected on 14 June 2023. According to information received by OHCHR, Mr. Chouicha and his lawyers had not been formally notified of the rejection of his appeal before the State Council. Mr. Chouicha’s lawyer was only able to obtain the decision from the Administrative Court of Appeal on 29 January 2024. The decision states that his appeal was rejected on two grounds, first the complainant had failed to demonstrate that he was prevented from travelling, and second the Ministry of Interior had never issued a travel restriction against him. On 17 July the Government responded to the note verbale sent in connection to the present report clarifying that on 3 December 2023, the Assize first instance Court of Justice of Algiers had acquitted Mr. Kaddour Chouicha and his wife Ms. Jamila Loukil of all charges against them and noting that no order banning their travel outside of Algeria had been issued.

Followup Trends 0
Improvement
Did the government respond? 0
Yes