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2007 Assessment

Algeria: Integrity Indicators Scorecard

Algeria: Integrity Scorecard Report > Sub-Category: Judicial Accountability
Indicators		Score
33	Are judges appointed fairly?	58
34	Can members of the judiciary be held accountable for their actions?	42
35	Are there regulations governing conflicts of interest for the national-level judiciary?	57
36	Can citizens access the asset disclosure records of members of the national-level judiciary?	0

Indicator and sub-Indicator Details

Are judges appointed fairly?

33a: In law, there is a transparent procedure for selecting national-level judges.

Score:

YES

Comments: Article 155 - The High Council of Magistracy decides, within the conditions defined by the law, the appointment, transfer and the progress of the magistrate's careers. It sees to the respect of the provisions provided for the statute of the magistracy and of the control of discipline under the chairmanship of the First President of the High Court.

References: Algerian Constitution of 28 November 1996 Chapter 3: The judicial power, Article 155 [ LINK ]

Peer Review Comments: There is a big problem concerning the independence of the High Council of Magistracy. Its composition, and the fact that its president is a head of state, is enough reason to doubt its independence.

33b: In practice, there are certain professional criteria required for the selection of national-level judges.

Score:

100

Comments: "In general, judges are appointed with regard to training and experience."

References: Interview with government official who wishes to remain anonymous. Date: August 2007.

33c: In law, there is a confirmation process for national-level judges (i.e. conducted by the legislature or an independent body).

Score:

YES

Comments: A confirmation for the appointment of magistrates is not included in the process.

Article 155 - The High Council of Magistracy decides, within the conditions defined by the law, the appointment, transfer and the progress of the magistrate's careers.

References: Algerian Constitution of 28 November 1996 Chapter 3: The judicial power, Article 155 [ LINK ]

Can members of the judiciary be held accountable for their actions?

34a: In law, members of the national-level judiciary are obliged to give reasons for their decisions.

Score:

YES

Comments: "They are not obliged to justify their decisions, unless one party discovers there was an unfair procedure because of corruption."

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

Peer Review Comments: Judicial decisions must be substantiated except before the criminal court.

34b: In practice, members of the national-level judiciary give reasons for their decisions.

Score:

100

Comments: "Judges are not required to give reasons for their decisions. Therefore court decisons are often not commented by the judges. They usually do not give reasons in their decisions."But they can be accountable, if his dicision was taken under any influence, if there is any proof can be procecuted as well.

References: Interview with government official wo wishes to remain anonymous. Date: August 2007.

Peer Review Comments: Judges are not required to give reasons for their decisions. Therefore, court decisions are often not commented on by the judges. They usually do not give reasons in their decisions. "But they can be accountable, if his decision was taken under any influence, if there is any proof can be prosecuted as well."

This declaration is made only by members of the criminal court

34c: In law, there is a disciplinary agency (or equivalent mechanism) for the national-level judicial system.

Score:

YES

Comments: The disciplinary agency is called "Conseil de discipline". It is presided over by the President of the Algerian Republic according to the law, but usually the president delegates his power to his Ministry of Justice.

References: Organic law 04-12 of 6 September 2004 regulating the composition and the functioning of the Conseil Supèrieur de le Magistrature. CSM (High Council of Judges).

34d: In law, the judicial disciplinary agency (or equivalent mechanism) is protected from political interference.

Score:

YES

Comments: The agency is under the control of the president of the republic. Therefore it is not free from political interference.

References: Organic law 04-12 of 6 September 2004, regulating the composition and the functioning of the Conseil Supèrieur de le Magistrature.

34e: In practice, when necessary, the judicial disciplinary agency (or equivalent mechanism) initiates investigations.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) aggressively starts investigations -- or participates fully with cooperating agencies\' investigations -- into judicial misconduct. The judicial disciplinary agency (or equivalent mechanism) is fair in its application of this power. <p>50 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) will start or cooperate in investigations, but often relies on external pressure to set priorities, or has limited effectiveness when investigating. The judicial disciplinary agency (or equivalent mechanism), though limited in effectiveness, is still fair in its application of power. <p>0 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) rarely investigates on its own or cooperates in other agencies\' investigations, or the judicial disciplinary agency (or equivalent mechanism) is partisan in its application of this power.$

Comments: "They rarely initiate investigations. That is rather a monopoly reserved to the Minister [of Justice]."

References: Interviews with a member of the judiciary, who wishes to remain anonymous. Date: August 2007.

34f: In practice, when necessary, the judicial disciplinary agency (or equivalent mechanism) imposes penalties on offenders.

Score:

100

Comments: 'This is done quite often." Judges can be isolated, blamed or degraded. But the agency didn't have the right to prosecute; this right is exclusively reserved to the Public Prosecutor (Ministère Public)."

References: Interview with a government official, who wishes to remain anonymous. Date: August: 2007.

Are there regulations governing conflicts of interest for the national-level judiciary?

35a: In law, members of the national-level judiciary are required to file an asset disclosure form.

Score:

YES

Comments: This is called "Declaration of assets" following the executive order from 11 January 1997. It concerns houses, appartments, furniture, vehicles, boats, cash, banks account (of the Judge, and his familly members Husband/wife and children) claims and is addressed to all members in public service.

References: Ordonnance n° 97-04 du 11 Janvier 1997 MINISTERE DE LA JUSTICE JO N° 3 du 12 Janvier 1997, Page 7 Article 4

35b: In law, there are regulations governing gifts and hospitality offered to members of the national-level judiciary.

Score:

YES

Comments: Article 128 is the center of the section of that particular law, as it defines the terms and penalties for corruption. The position of magistrates and their penalties is mentioned at the end of the article.

"[...] Every person is guilty of aiding and abetting and punished with imprisonment of 5 years, a fine of 500 to 5,000 dinars, who demands or agrees to offers or promises, demands or receives gifts or other advantages in order to receive honors, medals, distinctions or recompensations, employment in public institutions or other favors by a public authority, markets, enterprises or other benefits, which has resulted from contracts with public authorities or by the exploitation using the power of a public [institution], or the general circumstances of a favorable decision of such authority or administration and the abuse of an actual or supposed influence.

If the convicted is a magistrate, public agent or an elected official, the foreseen penalties are doubled. [...]"

"[...] Est coupable de trafic dinfluence et puni dun emprisonnement dun à cinq ans, d une amende de 500 à 5000 DA toute personne qui sollicite ou agrée des offres ou promesses, sollicite ou reçoit des dons, présents ou autres avantages, pour faire obtenir ou tenter de faire obtenir des décorations, médailles, distinctions ou récompenses, des places fonctions ou emplois, ou des faveurs quelconques accordés par lautorité publique, des marchés, entreprises ou autres bénéfices résultant de traités conclus avec lautorité publique ou avec une exploitation placée sous le contrôle da la puissance publique ou, de façon générale une décision favorable dune telle autorité ou administration, et abuse ainsi dune influence réelle ou supposée.

Si le coupable est magistrat, fonctionnaire ou investi dun mandat électif, les peines prévues sont portées au double. [...]"

References: Algerian Penal Code Chapter IV - Crimes and Offences against Public Order Section 2 - Corruption and Aiding and Abetting Articles 126 - 134

35c: In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national-level judiciary.

Score:

YES

Comments: The above-mentioned article states that internal regulations exist for the organization for the auditing of the disclosure forms.

References: Ordonnance n° 97-04 du 11 Janvier 1997 MINISTERE DE LA JUSTICE JO N° 3 du 12 Janvier 1997, Page 7 Article 9

35d: In law, there are restrictions for national-level judges entering the private sector after leaving the government.

Score:

YES

Comments: "Such restrictions do not exist for the members of the Algerian judiciary."

References: Interviews with a member of the judiciary and a NGO attorney, who wish to remain anonymous. Date: August 2007.

35e: In practice, the regulations restricting post-government private sector employment for national-level judges are effective.

Score:

100

Comments: "Such regulations do not exist for the members of the Algerian judiciary."

References: Interviews with a member of the judiciary and a NGO attorney, who wish to remain anonymous. Date: August 2007.

35f: In practice, the regulations governing gifts and hospitality offered to members of the national-level judiciary are effective.

Score:

100

Comments: "The measures are generally applied in a sufficient manner. Judges are not known for accepting gifts or bribes. When they act in a government-favorable manner, it is due to pressure from the top."

References: Interviews with a member of the judiciary and a nongovernmental organization attorney, who wish to remain anonymous. Date: August 2007.

Peer Review Comments: In practice, the regulations governing gifts and hospitality offered to members of the national level judiciary are not effective.

Peer Review Comments: A fair number of judges accept gifts and bribes.

35g: In practice, national-level judiciary asset disclosures are audited.

Score:

100

Comments: "The declarations are regularly audited by the commission."

References: Interviews with a member of the judiciary and a nongovernmental organization attorney, who wish to remain anonymous. Date: August 2007.

Can citizens access the asset disclosure records of members of the national-level judiciary?

36a: In law, citizens can access the asset disclosure records of members of the national-level judiciary.

Score:

YES

Comments: The above-mentioned article states that the information about the assets of legislators is to be treated confidentially. Only members of the auditing commission and certain members of the judiciary can access these reports.

References: Ordonnance n° 97-04 du 11 Janvier 1997 MINISTERE DE LA JUSTICE JO N° 3 du 12 Janvier 1997, Page 7 Article 11

36b: In practice, citizens can access judicial asset disclosure records within a reasonable time period.

Score:

100

Comments: "The public cannot access these records."

References: Interviews with a member of the judiciary and a nongovernmental attorney, who wish to remain anonymous. Date: August 2007.

36c: In practice, citizens can access judicial asset disclosure records at a reasonable cost.

Score:

100

Comments: "The public cannot access these records."

References: Interviews with a member of the judiciary and a NGO attorney, who wish to remain anonymous. Date: August 2007.