the light of the decision made by the Constitutional Council giving the
Covenant precedence over national legislation. Noting that the Constitution
had been drafted shortly before Algeria's accession to the Covenant, but that
the Covenant had not been taken as a model, members wished to know the status
of chapter 4 of the new Constitution, which dealt with citizens' rights and
liberties, and how that chapter related to the relevant provisions of the
Covenant. Observing that the provisions of the Covenant formed an integral
part of Algerian law and could be directly invoked before the courts, they
also wished to know what remedies were available in cases where a violation of
the Covenant did not constitute an infraction under Algerian law.
Additionally, it was asked what measures had been taken to promote knowledge
of the Covenant and its provisions and whether any publicity campaigns or
educational programmes had been undertaken.
268. Concerning recent political developments, members wished to receive
necessary additional information on the suspension of the democratic process
and the cancellation of the second round of legislative elections, which had
occurred at the beginning of 1992/ and wished to know how the recent attempt
of anti-democratic forces to use the democratic process to come to power was
viewed by the Algerian authorities in the context of article 5 of the
Covenant. With regard to article 4 of the Covenant, members wished to receive
additional information on both the first state of emergency declared on
4 June 1991 and the more recent one declared in February 1992. In that
connection, they inquired whether the Government had made use of the
notification procedure laid down in article 4, paragraph 3, of the Covenant.
Members also asked what rights had been derogated from during both states of
emergency and what was the constitutional or statutory basis for ensuring
conformity with article 4, paragraph 2, of the Covenant. Further information
was also sought on any factors and difficulties, other than the states of
emergency, that affected the implementation of the Covenant.
269. Regarding the prohibition of discrimination on various grounds,
clarification was requested as to the compatibility with the Covenant of
article 28 of the Constitution, of the requirement of a dowry when contracting
marriage and of the right of a husband to take more than, one wife. In that
connection, members wondered how the prohibition of discrimination against
women could be reconciled with Algeria's traditional values and patriarchal
culture. Regarding the status of aliens in Algeria, it was asked in which
respects the rights of aliens were restricted as compared with those of
citizens and whether aliens who married Algerian citizens could pass on their
nationality to their children.
270. In connection with article 6 of the Covenant, members of the Committee
requested clarification as to the offences that were currently punishable by
the death penalty; the number of executions that had taken place over the past
year; on the recourse available against a death sentence, including cases
where a sentence had been passed by a military tribunal; and the procedure for
granting pardon under the current state of emergency. In the light of the
provision of article 6 of the Covenant requiring States parties that had not
abolished the death penalty to reserve it for the most serious crimes, members
asked why the imposition of the death penalty for economic offences was
allowed. It was also asked what the rules and regulations were governing the
use of force by the police and security forces during peaceful demonstrations;
whether there had been any violations of those rules and regulations and, if
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