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ALGERIA: the sentencing of the Human Rights defender Yacine Zaïd at first instance

The Coalition of Families of the Disappeared (CFDA), the Algerian League for Human Rights Defense (LADDH), the Euro-Mediterranean Human Rights Network (EMHRN), the National Independent Union of Public Servants (SNAPAP), the Lawyers’ Network for Human Rights Defense (RADDH) and the Association for Change and Democracy in Algeria (ACDA) were concerned to learn about the sentencing of the Human Rights defender Yacine Zaïd to a 6 month suspended prison sentence and a 10,000 dinar fine, but congratulate themselves that a strong mobilization of activists led to his release.

On Monday October 8th, the Human Rights defender Yacine Zaïd appeared before Ouargla court of first instance (in Southern Algeria), whilst about a hundred trade unionists and Human Rights activists from different regions demonstrated their solidarity outside – having been denied access to the courtroom by a large police presence.

Yacine Zaïd is accused of insulting behavior and aggression towards a police officer under Articles 144 and 148 of the Criminal Code. However, it was Mr. Zaïd who was attacked by police officers when he was arrested on a bus between Ouargla and Hassi Messaoud on October 1st of this year. According to a witness who was present during the questioning, once his identity documents had been checked, Yacine Zaïd was questioned for about two hours and received severe blows to the face and neck from three policemen. He was then taken away by two people dressed in civilian clothing and held in secret until his appearance before the prosecutor of Ouargla the following day, who detained him in custody until his trial yesterday.

A complaint was filed on October 7th by the lawyers of Yacine Zaïd for blows, injuries and aggression by police officers.

During the October 8th hearing, the judge initially forbade the two witnesses to the attack to attend the hearing and they were not heard by the prosecutor. After strong protest, the team of defense lawyers was, however, able to call them to the stand as defense witnesses.

Our organizations deplore the fact that these key testimonies were not taken into account and strongly condemn the sentencing of Yacine Zaïd – a man who is known for his unwavering commitment to Human Rights and trade union freedom in Algeria. His lawyers have indicated that they intend to appeal the verdict.

Our organizations call on the Algerian authorities to: 

–          bring an end to the judicial harassment which victimises Yacine Zaïd, whose only aim is to punish his role as a Human Rights defender, as well as that of all trade unionists and Human Rights defenders in Algeria.

–          guarantee the freedom of expression, the freedom of association and the freedom to demonstrate to all Human Rights defenders in Algeria who claim their rights peacefully, in accordance with the Algerian Constitution and with the International Covenant on Civil and Political Rights, as ratified by Algeria.

Moreover, our organizations call on the authorities of the European Union to actively implement Guidelines relating to Defenders – particularly by sending observers to trials against Human Rights defenders and by engaging in ongoing dialogue with the Algerian authorities in order to stop the judicial and police harassment that many defenders are subject to.

Yacine Zaïd is a trade unionist, a member of the SNAPAP representing Algeria at the International Union of Food Workers, and the chairman of the Laghouat section of the LADDH. He is a well known and highly respected Human Rights defender in Algeria. Due to his activities, Yacine Zaïd experiences a great deal of judicial harassment. On September 25th of this year, he appeared before a section of Bab el Oued’s police court together with three other activists and Human Rights defenders for “inciting unarmed gathering” (Article 100 of the Criminal Code). They risk up to a year’s imprisonment and a fine of 5,000 dinar (about €50) for participating in a peaceful sit-in on April 26th, 2012, in front of Sidi M’hamed court to denounce the judicial harassment of Abdelkader Kherba – a member of the National Committee for the Defense of the Rights of the Unemployed (CNDDC) and the LADDH. During the September 25th hearing, the case was referred to the prosecutor’s office. Today, the case still hasn’t been closed.