A/HRC/52/12
29.
Algeria had amended its Criminal Code to criminalize all forms of violence, whether
physical, sexual, psychological, verbal or economic. In addition, the 2020 Constitution
strengthened the protection of women against all forms of discrimination and violence in the
public, professional and private spheres and ensured that victims had access to shelters,
mentoring systems and legal assistance.
30.
Specific measures had been taken, including the creation of the National Council for
Women and the Family and the establishment, in all governorates, of centres dedicated to
raising awareness and to providing advice, guidance and support, so as to give all citizens
access to the available social and professional integration and empowerment mechanisms.
31.
Algeria was pursuing a comprehensive, diversified policy to support persons with
disabilities, ensuring respect for their dignity and promoting social inclusion. Special
education was provided by 238 institutions, which catered for all children with disabilities
free of charge. In collaboration with the United Nations, Algeria continued to promote the
integration of all children with disabilities into the mainstream education system. There had
been 8,000 students with disabilities in mainstream education in 2022.
32.
Trafficking in persons was clearly prohibited in the third paragraph of article 39 of
the Constitution. It was severely punishable under the Criminal Code. The National
Committee to Prevent and Combat Trafficking in Persons had drawn up a national policy and
action plan for 2022–2024 that was focused on raising awareness among and building the
capacities of relevant actors such as judges, doctors, journalists, criminal investigation
officers and labour inspectors. In addition, a bill on preventing and combating trafficking in
persons was under consideration and would be submitted to the parliament. Algeria also
cooperated in this area with international partners, including the United Nations Office on
Drugs and Crime.
33.
Regarding the protection of minors, article 326 of the Criminal Code did not establish
the offence of child rape, which was an act punishable under article 336, but rather the offence
of abducting or removing a person under 18 years old, which covered cases in which the
perpetrator removed a girl from her family home or place of study and took her to another
place, without necessarily committing a sexual act against her. Rapists were therefore
prosecuted for the offence of rape under article 336 of the Code and did not benefit from the
provisions of the second paragraph of article 326.
34.
A working group had been set up to review certain legal texts, including the second
paragraph of article 326 of the Criminal Code, which would be repealed by a bill that was to
be submitted to the parliament.
35.
Regarding the issue of torture, the right to life and physical integrity was guaranteed
by positive law. Under article 263 bis 2 of the Criminal Code, any public official who
committed, incited or ordered torture in order to obtain confessions and information or for
any other reason was liable to a severe penalty. Non-judicial statements made in the context
of criminal investigations were taken as an indication only, as they had no probative value
and their validity was subject to close scrutiny.
36.
Regarding the claims that some individuals had been prosecuted for exercising their
freedom of opinion and expression or other rights relating to press and media freedom, it
should be noted that their fundamental rights were guaranteed by the Constitution and
national law, in line with the relevant international instruments. The prosecutions in question
had been carried out under ordinary law and were entirely unrelated to freedom of expression,
and no one was being detained or imprisoned for having exercised that right. The persons
concerned had been prosecuted in accordance with the law and the guarantees established in
the Constitution, as persons subject to legal proceedings.
37.
With respect to the alleged harassment of journalists and human rights defenders, it
should be noted that such persons were not subject to any discriminatory procedures. The
State provided citizens and foreign nationals with legal and judicial protection in the exercise
of all their rights and freedoms.
38.
The Constitution guaranteed citizens the full and unrestricted exercise of basic
collective and individual rights and freedoms, including freedom of expression, assembly
and peaceful demonstration, provided that they did not violate the provisions relating to
GE.22-27762
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