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2007 Assessment

Algeria: Integrity Indicators Scorecard

Algeria: Integrity Scorecard Report > Sub-Category: Rule of Law
Indicators		Score
74	Is there an appeals mechanism for challenging criminal judgments?	58
75	In practice, do judgments in the criminal system follow written law?	0
76	In practice, are judicial decisions enforced by the state?	25
77	Is the judiciary able to act independently?	63
78	Are judges safe when adjudicating corruption cases?	100
79	Do citizens have equal access to the justice system?	71

Indicator and sub-Indicator Details

Is there an appeals mechanism for challenging criminal judgments?

74a: In law, there is a general right of appeal.

Score:

YES

Comments: All the decisions are made by the Tribunals (first instance). Both parties have the right of appeal at the courts level, and these decisions can also appealed to the Supreme Court.

Il existe deux vois de recours, les recours ordinaires et extraordinaires Art 98-101/ 102-109/ 166:168 du code de procédure civil

References: Judges. According to the Code de Procédure Penal, & Code de Procédure Civil. [ LINK ]" target="_blank">[ LINK ]" target="_blank">[ LINK ]" target="_blank">[ LINK ] http://www.joradp.dz/JO6283/1966/047/F_Pag.htm http://www.joradp.dz/JO6283/1966/047/F_Pag.htm http://www.joradp.dz/JO6283/1966/047/F_Pag.htm

74b: In practice, appeals are resolved within a reasonable time period.

Score:

100

Comments: "The Penal Code and the Civil Process law of Algeria define very precisely the time table for the appeals process. The courts usually follow these time tables in a diligent manner."

References: Interview with an Algerian attorney, who wishes to remain anonymous.

Peer Review Comments: The delays can reach up to two years for the Court of Appeal and four years for Supreme Court.

Peer Review Comments: It takes a long time for appeals to be resolved.

74c: In practice, citizens can use the appeals mechanism at a reasonable cost.

Score:

100

Comments: "The costs for the appeals process are not very high and are indeed affordable." However, an appeal is quite costly and unaffordable for members of the lower middle class when factoring in lawyers' fees.

References: Interview with an Algerian attorney, who wishes to remain anonymous. Date: August 2007.

Peer Review Comments: In addition, it is very costly

In practice, do judgments in the criminal system follow written law?

75: In practice, do judgments in the criminal system follow written law?

Score:

100

Comments: Judgments by the courts are very often the result of pressure applied by the ruling political parties and the military and state security apparatus.

References: Interview with an Algerian attorney, who wishes to remain anonymous. Date: August 2007.

Peer Review Comments: Many violations are not registered.

In practice, are judicial decisions enforced by the state?

76: In practice, are judicial decisions enforced by the state?

Score:

100

Comments: "The courts do rarely challenge the government with court decisions that would put the government's actions on hold. The courts rather 'follow the lead' of the government. This is especially true for criminal cases."

References: Interview with an Algerian attorney, who wishes to remain anonymous. Date: August 2007.

Is the judiciary able to act independently?

77a: In law, the independence of the judiciary is guaranteed.

Score:

YES

Comments: Article 138 - The judicial power is independent. It is exercised within the framework of the law.

References: Algerian Constitution of 28 November 1996 Part 2, Chapter 3, Article 138 [ LINK ]

77b: In practice, national-level judges are protected from political interference.

Score:

100

Comments: "The judges are not really independent, especially due to the fact that magistrates are appointed by the President of the Republic via the 'High Council of Magistracy."

References: Interview with an Algerian attorney, who wishes to remain anonymous. Date: August 2007.

77c: In law, there is a transparent and objective system for distributing cases to national-level judges.

Score:

YES

Comments: The assignment of cases is not specific and can lead to judges influencing and controlling the selection of cases.

References: Code de procédure Civil algérien

77d: In law, national-level judges are protected from removal without relevant justification.

Score:

YES

Comments: All judges are protected by the law in the exercise of their functions. All the decisions with regard to a removal of a judge must be exercised by the "Council of Discipline," which is a body within "Conseil Superieur de la Magistrature". Only serious professional errors justify the removal of a judge.

References: Loi 04-11 du 6 septembre 2004 portant statut de la magistrature. Loi organique 04-12 fixant la composition et le fonctionnement du CSM. Journal Officiel N° 17 de la republique Algerienne du 14 Mars 2007.

Are judges safe when adjudicating corruption cases?

78a: In practice, in the last year, no judges have been physically harmed because of adjudicating corruption cases.

Score:

YES

Comments: There have been no reports on cases, where judges have been physically harmed because of adjudicating corruption cases.

References: There have been no reports on cases, where judges have been physically harmed because of adjudicating corruption cases.

78b: In practice, in the last year, no judges have been killed because of adjudicating corruption cases.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of judges being killed related to their involvement in a corruption case during the study period. YES is a positive score. NO: A NO score is earned if there were any documented cases where a judge was killed because of his/her participation in a corruption trial. The relationship between a mysterious death and a judge\'s involvement in a case may not be clear, however the burden of proof here is low. If it is a reasonable assumption that a judge was killed in relation to his or her work on corruption issues, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments: There have been no reports of cases, where judges have been killed because of adjudicating corruption cases.

References: There have been no reports of cases, where judges have been killed because of adjudicating corruption cases.

Interview with a member of the judiciary branch, who wishes to remain anonymous. Date: September 2007.

Do citizens have equal access to the justice system?

79a: In practice, judicial decisions are not affected by racial or ethnic bias.

Score:

100

Comments: "Normally racial bias do not play a role in court decisions. But during the trials following the "Black September" incidents, demonstrators from the Berber region were arrested by the police, then charged and sentenced with heavy verdicts."

References: Interview with an Algerian attorney, who wishes to remain anonymous. Date: August 2007.

Peer Review Comments: Judicial decisions are not affected by racial or ethnic bias.

Peer Review Comments: This answer is very biased and should be "no."

79b: In practice, women have full access to the judicial system.

Score:

100

Comments: Woman enjoy a full and equal status, in general but there is one field in which the gap between the Constitution and the reality on the ground is huge: The Algerian Family Code effectively assigns women the status of an "inferior being" with terrible legal consequences with regards to divorce, heritage and domestic violence cases.

Law No 84-11 of June 9th, 1984 containing the Code of the Family Art. 37. - the husband is responsible for: 1) to support his wife within his capabilities except in the case that she has abandoned her marital home. 2) to act in equity towards his wives if he has more than one. Art. 38. - the wife has the right: - to visit her prohibited [sic] parents and to receive them in accordance to the customs. - to freely dispose of her funds. Art. 39. - the wife is responsible: 1) to obey her husband and to respect him in his capacity as the head of the household. 2) to nurse his descendants if she is capable to do it and to bring them up. 3) to respect the parents of her husband and their close relatives.

References: Interview with an Algerian attorney, who wishes to remain anonymous. Date: August 2007.

Peer Review Comments: Algerian women can access the judicial system, but there are some discriminatory texts, like family law.

Peer Review Comments: Yes, equality is 100% established.

79c: In law, the state provides legal counsel for defendants in criminal cases who cannot afford it.

Score:

YES

Comments: "Legal Aid is provided automatically for defendants in criminal cases. Legal Aid was provided for the first time with the promulgation of the public order No. 71-57 of August 5th, 1971, amended by law No. 01-06 of May 22nd, 2001; this completes order No. 71-57."

References: Interview with an Algerian attorney, who wishes to remain anonymous. Date: August 2007.

79d: In practice, the state provides adequate legal counsel for defendants in criminal cases who cannot afford it.

Score:

100

Comments: "Legal aid is always available, but the appointed lawyers are usually young and without experience, with the consequence that they very often lose their cases, when the prosecutors push for trial."

References: Interview with an Algerian attorney, who wishes to remain anonymous. Date: August 2007.

79e: In practice, citizens earning the median yearly income can afford to bring a legal suit.

Score:

100

Comments: "Even with the relatively low costs for a trial, the expenses for attorneys can be very expensive. Often so-called middle class citizens have to spend a large part of their financial resources to afford the accumulated legal costs."

References: Interview with an Algerian attorney, who wishes to remain anonymous. Date: August 2007.

Peer Review Comments: It is costly.

79f: In practice, a typical small retail business can afford to bring a legal suit.

Score:

100

Comments: "Even with the relatively low costs for a trial, the expenses for attorneys can be very expensive. Often so-called small business owners have to spend a large part of their financial resources to afford the accumulated legal costs."

References: Interview with an Algerian attorney, who wishes to remain anonymous. Date: August 2007.

Peer Review Comments: It does cost, even for small businesses.

79g: In practice, all citizens have access to a court of law, regardless of geographic location.

Score:

100

Comments: "Algeria has a well-built system of courts, which are accessible for its citizens even in remote, rural areas."

References: Interview with an Algerian attorney, who wishes to remain anonymous. Date: August 2007.