A/HRC/57/60
over shrinking civic space and the intimidation and targeting of civil society organizations,
as well as the use of arbitrary arrest and detention, threats and ill treatment against media
actors and civil society activists, and the targeting of women human rights defenders.5 The
Special Rapporteur on the situation of human rights in Afghanistan reported during the period
that persons suspected of cooperating with foreign organizations have been
disproportionately targeted and that civil society organizations, in particular those that have
been instrumental in supporting human rights over the past decades, have been targeted,
forcibly closed or effectively dissolved as a result of the non-issuance of licences to operate.6
8.
On 23 October 2023, the Human Rights Council adopted resolution 54/1 on the
situation of human rights in Afghanistan calling for the provision of an enabling environment
for civil society actors – especially women’s and women-led organizations and leaders whose
work is impacted by restrictions targeting women – and the media be able to carry out their
activities without hindrance or fear of reprisal. The resolution also calls upon all relevant
actors in Afghanistan to ensure that civil society organizations, human rights defenders,
victims, survivors, their families, and other individuals have unhindered access to the Special
Rapporteur, the special procedures of the Human Rights Council and the treaty bodies, and
other international bodies seized with the situation in Afghanistan, without fear of reprisal,
intimidation, or attack. (A/HRC/RES/54/1 paras. 19 and 25).
2.
Algeria
9.
In November 2022, the OHCHR conducted a technical cooperation mission to Algeria
and met with civil society representatives, including Mr. Mustapha Bendjamaa, the chief
editor of “Le Provincial”, a regional newspaper in Algeria, and a representative of La Ligue
Algérienne des Droits de l’Homme (LADH).
10.
In February 2023, Mr. Bendjamaa was detained and, on 20 July 2023, he was charged
with “receiving funding from foreign or domestic institutions in order to commit public order
offenses,” under article 95 bis of the Penal Code, and with “publishing on electronic networks
or via technological media tools information that is partly or entirely classified as secret,”
under article 38/2 of Ordinance 21-09 on data and administrative documents protection. In
the indictment, Mr. Bendjamaa was accused based on several elements including his
engagement with international civil society organizations and OHCHR.
11.
According to information received by OHCHR, on 22 August 2023 the Prosecutor
questioned Mr. Bendjamaa about the reason for and content of his meeting with OHCHR.
On 29 August 2023, the Misdemeanor Court of Constantine accepted all points of the
indictment and issued a verdict of two years of imprisonment and a 200,000 DA (1,469 USD)
fine.
12.
On 26 October 2023 Mr. Bendjamaa’s sentence was reduced to eight months but,
although he had effectively served this sentence by that date, he was not released and
remained detained under charges related to another case. He was released from prison on
18 April 2024. OHCHR is closely following the case of Mr. Bendjamaa and is in contact with
relevant authorities.
13.
On 30 October 2023, Special Procedures mandate-holders addressed allegations of
arbitrary detention of Mr. Ahmed Manseri and of intimidation and surveillance of
Mr. Malik Riahi, Mr. Qasim Saeed and Ms. Chahrazad Ben Fryawa following their
meetings with the Special Rapporteur on freedom of association and peaceful assembly
during his official visit to Algeria from 16 to 26 September 2023 (DZA 5/2023).
14.
Mr. Manseri is the head of the Tiaret section of the now dissolved Ligue Algérienne
pour la Défense des Droits de l’Homme (LADDH) and a member of the Syndicat national
5
6
GE.24-14259
https://www.ohchr.org/en/press-releases/2023/09/afghanistan-time-decisive-action-says-un-expert,
https://www.ohchr.org/en/statements/2023/08/afghanistan-un-human-rights-experts-denounce-ideareformed-taliban, https://www.ohchr.org/en/statements/2023/08/afghanistan-un-human-rightsexperts-denounce-idea-reformed-taliban.
A/HRC/53/21 para. 30, 87 A/HRC/55/80 para. 22, A/HRC/54/21 para. 55.
A/HRC/55/80 paras. 76, A/78/338 2023.
19