Practice Relating to Rule 90. Torture and Cruel, Inhuman or Degrading Treatment
In 2006, in its third periodic report to the Human Rights Committee, Algeria stated:
57. Since 1991, Algeria has had to confront terrorism in an atmosphere of indifference and suspicion. Efforts to combat this scourge, requiring the implementation of special measures, have always been deployed within the framework of the law and respect for human dignity.
58. In order to deal with this exceptional situation, in February 1992 the Algerian authorities decided to declare – as they are entitled to do under the Constitution – a state of emergency. Although the state of emergency did impose some restrictions on the exercise of civil rights and liberties, it did not relieve the State of its obligations to guarantee the right to exercise the fundamental civil liberties provided for in the existing domestic constitutional order and in the international agreements ratified by Algeria.
59. The exceptional measures taken during the state of emergency were all accompanied by guarantees for the protection of human rights. No restrictions were placed on the rights and freedoms enshrined in inter alia
, article 7] of the International Covenant on Civil and Political Rights.
In 2007, in its comments on the concluding observations of the Human Rights Committee, Algeria stated: “The Government informed the Committee that torture was prohibited in all places and in all circumstances and that the perpetrators of ill-treatment faced criminal prosecution.”