Constitutional Provisions

The 1989 Constitution of Algeria (as amended) does not explicitly guarantee the right to life but Article 40 provides that:

The State shall guarantee the inviolability of the human person. Any form of physical or moral violence or infringement of dignity shall be prohibited. Cruel, inhuman or degrading treatment shall be suppressed by the law. 

Article 48 guarantees to citizens the freedom of assembly. 

The Constitution does not regulate the use of force by the police or other law enforcement agencies.

Treaty Adherence

Global Treaties

Adherence to Selected Human Rights Treaties
1966 Covenant on Civil and Political Rights (ICCPR)     State Party
ICCPR Optional Protocol 1 State Party
1984 Convention against Torture (CAT) State Party
Competence of CAT Committee to receive individual complaints Yes
CAT Optional Protocol 1 Not party
Adherence to International Criminal Law Treaties
1998 Rome Statute of the International Criminal Court Signatory

Regional Treaties

Adherence to Regional Human Rights Treaties
1981 African Charter on Human and Peoples' Rights State Party
1998 Protocol to the African Charter on the African Court State Party
Article 34(6) declaration regarding individual petitions Yes
Adherence to International Criminal Law Treaties at Regional Level
Malabo Protocol on Amendments to the African Court of Justice and Human Rights Not party
Adherence to Regional Human Rights Treaties
2004 Arab Charter of Human Rights State Party

National Legislation

Police Use of Force

Law enforcement in Algeria is conducted by the Gendarmerie Nationale, under the Ministry of National Defence, and the national police force (Sûreté Nationale), under the Ministry of Interior. As of February 2019, a draft law was proposing to reassign the Gendarmerie to the Presidency or the Ministry of the Interior. 

Ordinance No. 15-02 of 23 July 2015 modifies the rules governing situations in which persons are held in police custody and strengthens pre-existing measures for protecting the rights of detainees.

Police Oversight

Article 45 of Ordinance No. 06-01 of 27 February 2006 on the implementation of the Charter for Peace and National Reconciliation is said to prevent effective remedy for victims of violations of the ICCPR’s provisions when committed by law enforcement personnel.

Caselaw

Global

Views and Concluding Observations of United Nations Treaty Bodies

In its 2018 Concluding Observations on Algeria, Human Rights Committee expressed its concern 

by reports of frequent cases of (a) public and private gatherings being violently dispersed; (b) demonstrators being mistreated, imprisoned and, on occasion, prosecuted; and (c) prosecution or harassment of persons who manage private facilities that are used for private meetings or reserved exclusively for members of legally formed associations, such as hotels....

Regional

There is not yet an Arab regional human rights court with jurisdiction over Algeria.

Downloads

1989 Constitution of Algeria (as amended) (English translation)

Human Rights Committee Concluding Observations on Algeria (2018)