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
- 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 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
- 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
- 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