| Algeria: Integrity Scorecard Report > Sub-Category: Law Enforcement | ||
| Indicators | Score | |
| 80 | Is the law enforcement agency (i.e. the police) effective? | 50 |
| 81 | Can law enforcement officials be held accountable for their actions? | 25 |
Indicator and sub-Indicator Details
| 80 | Is the law enforcement agency (i.e. the police) effective? | |||||||
| 80a: In practice, appointments to the law enforcement agency (or agencies) are made according to professional criteria. | ||||||||
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Comments: "The age of future police recruit is a predominant factor. The Algerian police tend to recruit men younger than 22 years. It should be noted that a significant number of recruits join the police force, because they know, that 'money can be made' there due to the widespread corruption within the police corps." References: Interview with a police officer, who wishes to remain anonymous. Date: August 2007.
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| 80b: In practice, the law enforcement agency (or agencies) has a budget sufficient to carry out its mandate. | ||||||||
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Comments: In general all the law enforcement agencies (police, gendarmerie, etc.) have a sufficient budget to carry out their operations. References: Interview with government official who wishes to remain anonymous. Date: August 2007.
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| 80c: In practice, the law enforcement agency is protected from political interference. | ||||||||
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Comments: "Police investigations, which deal with petty crime, and normal day-to-day business are largely not influenced by political interest or interference from above. This is not the case in major corruption cases or anything that concerns vital issues of the political life." References: Interview with a former police officer, who wishes to remain anonymous. Date: August 2007.
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| 81 | Can law enforcement officials be held accountable for their actions? | |||||||
| 81a: In law, there is an independent mechanism for citizens to complain about police action. | ||||||||
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Comments: References: There is no broad mechanism that provides an independent agency jurisdiction over the national police and the other law enforcement agencies.
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| 81b: In practice, the independent law enforcement complaint reporting mechanism responds to citizen's complaints within a reasonable time period. | ||||||||
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Comments: An independent law enforcement agency, which acts upon citizens' complaints against the police or other law enforcement agencies, does not exist. References: Interview with government official who wishes to remain anonymous. Date: August 2007.
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| 81c: In law, there is an agency/entity to investigate and prosecute corruption committed by law enforcement officials. | ||||||||
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Comments: "[...] Role of the Police and Security Apparatus The General Directorate for National Security (DGSN), or the national police force, falls under the control of the Ministry of Interior and has national jurisdiction. The Gendarmerie, under the Ministry of Defense, also perform police-like functions outside urban areas. Police were generally effective at maintaining order throughout the country. Low levels of corruption existed, especially in the customs police. Impunity remained a problem. The government did not provide disaggregated public information on the numbers, infractions, or punishments of police, military, or other security force personnel. According to human rights attorneys, police officials, and local NGOs, the most frequent abuse of police authority occurred as a result of officers not following established guidelines for arrests. In January 2005, all security forces were provided a copy of a code of conduct establishing regulations for conduct and sanctions for abuses. In March the DGSN director stated that as part of a national police internal crackdown on malfeasance, several DGSN officials had been arrested for embezzlement, use of public money for personal gain, and cronyism. In April the Judicial Police (the main body of the DGSN) brought official legal action against 10 police officers. Results had not been made public by year's end. In March the Gendarmerie officially announced that 4,200 gendarmes had been dismissed between 2000 and 2005 for lack of discipline and abuse of power. [...]" References: "Judicial Police of the General Directorate for National Security" Official website of the Algerian Police [ LINK ] [ LINK ] Art 130 (loi n° 88-26 du 12 juillet 1988)(Art 120, 121, 124, 126) U.S. State Department Country Reports on Human Rights Practices - Algeria - 2006 Released by the Bureau of Democracy, Human Rights, and Labor March 6, 2007 [ LINK ]
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| 81d: In practice, when necessary, the agency/entity independently initiates investigations into allegations of corruption by law enforcement officials. | ||||||||
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Comments: "As it is in other government agencies, the corruption in law enforcement agencies are widespread. Therefore the judiciary police, as an example, has great difficulties investigating and eradicating corruption within the police." Excerpt of the above-mentioned State Department report: "[...] Role of the Police and Security Apparatus The General Directorate for National Security (DGSN), or the national police force, falls under the control of the Ministry of Interior and has national jurisdiction. The Gendarmerie, under the Ministry of Defense, also perform police-like functions outside urban areas. Police were generally effective at maintaining order throughout the country. Low levels of corruption existed, especially in the customs police. Impunity remained a problem. The government did not provide disaggregated public information on the numbers, infractions, or punishments of police, military, or other security force personnel. According to human rights attorneys, police officials, and local NGOs, the most frequent abuse of police authority occurred as a result of officers not following established guidelines for arrests. In January 2005, all security forces were provided a copy of a code of conduct establishing regulations for conduct and sanctions for abuses. In March the DGSN director stated that as part of a national police internal crackdown on malfeasance, several DGSN officials had been arrested for embezzlement, use of public money for personal gain, and cronyism. In April the Judicial Police (the main body of the DGSN) brought official legal action against 10 police officers. Results had not been made public by year's end. In March the Gendarmerie officially announced that 4,200 gendarmes had been dismissed between 2000 and 2005 for lack of discipline and abuse of power. [...]" References: Interview with government official, who wishes to remain anonymous. Date: August 2007. U.S. State Department Country Reports on Human Rights Practices - Algeria - 2006 Released by the Bureau of Democracy, Human Rights, and Labor March 6, 2007 [ LINK ]
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| 81e: In law, law enforcement officials are not immune from criminal proceedings. | ||||||||
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Comments: While article 573 of the Criminal law procedures foresees a prosecution of government officials for committed crimes, the "Charter for Peace & Reconciliation" prohibits any legal proceedings against members of the executive branch in connection with the civil war between 1992 and 2000. [...] Article 45 - No legal proceedings may be initiated against an individual or a collective entity, belonging to any component whatsoever of the defense and security forces of the Republic, for actions conducted for the purpose of protecting persons and property, safeguarding the nation or preserving the institutions of the Democratic and Popular Republic of Algeria. The competent judicial authorities are to summarily dismiss all accusations or complaints. [...] References: Ordinance 06-01 from February 27th, 2006 with regards to the Charter for Peace and National Reconciliation Article 573 of the Code for the Criminal Law Procedure
Peer Review Comments: The charter for peace and reconciliation only concerns limited cases related terrorism and terrorist acts.
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| 81f: In practice, law enforcement officials are not immune from criminal proceedings. | ||||||||
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Comments: While individual police officers are likely to be prosecuted in cases of financial corruption, any complaints of violation of human rights by security forces against Algerian citizens are still swept under the carpet. In that regard not much has changed since the end of the civil war. Excerpt of the Ordinance for Peace and National Reconciliation: [...] Article 45 - No legal proceedings may be initiated against an individual or a collective entity, belonging to any component whatsoever of the defense and security forces of the Republic, for actions conducted for the purpose of protecting persons and property, safeguarding the nation or preserving the institutions of the Democratic and Popular Republic of Algeria. The competent judicial authorities are to summarily dismiss all accusations or complaints. [...] Excerpt of the State Department report: "[...] Role of the Police and Security Apparatus The General Directorate for National Security (DGSN), or the national police force, falls under the control of the Ministry of Interior and has national jurisdiction. The Gendarmerie, under the Ministry of Defense, also perform police-like functions outside urban areas. Police were generally effective at maintaining order throughout the country. Low levels of corruption existed, especially in the customs police. Impunity remained a problem. The government did not provide disaggregated public information on the numbers, infractions, or punishments of police, military, or other security force personnel. According to human rights attorneys, police officials, and local NGOs, the most frequent abuse of police authority occurred as a result of officers not following established guidelines for arrests. In January 2005, all security forces were provided a copy of a code of conduct establishing regulations for conduct and sanctions for abuses. In March the DGSN director stated that as part of a national police internal crackdown on malfeasance, several DGSN officials had been arrested for embezzlement, use of public money for personal gain, and cronyism. In April the Judicial Police (the main body of the DGSN) brought official legal action against 10 police officers. Results had not been made public by year's end. In March the Gendarmerie officially announced that 4,200 gendarmes had been dismissed between 2000 and 2005 for lack of discipline and abuse of power. References: Article 573 of the Code for the Criminal Law Procedure Ordinance 06-01 from February 27th, 2006 with regard to the Charter for Peace and National Reconciliation U.S. State Department Country Reports on Human Rights Practices - Algeria - 2006 Released by the Bureau of Democracy, Human Rights, and Labor March 6, 2007 [ LINK ] Unrestrained powers: Torture by Algerias Military Security Report by Amnesty International 10 July 2006 [ LINK ]
Peer Review Comments: The Charter for Peace and National Reconciliation only concerns terrorist and anti-terrorist acts. It is difficult to pursue law enforcement for personal or professional acts.
Peer Review Comments: The comment is correct, but the scoring should be 0.
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