stringent conditions laid down in the Code of Civil Procedure, there had never
been any instance of imprisonment for debt in Algeria.
284. Referring to questions relating to article 14 of the Covenant, the
representative of the State party explained that military tribunals were
composed of two military magistrates and a civilian magistrate, who presided.
In normal times, such tribunals had jurisdiction only for military offences or
criminal offences occurring within military establishments. During states of
emergency, however, their competence had been extended to violations of state
security. Military tribunals followed the normal procedure for investigation
and trial and their decision could be appealed. The requirement that judges
have 10 years of service in order to attain permanent tenure had been
introduced only recently and the decisions of lower court judges were reviewed
by those at higher levels, who had permanent tenure. The careers of judges
were supervised by their peers and disciplinary actions were taken by the High
Council of the Judiciary, which consisted of 25 members. That institution was
chaired by the President of the Republic because his presence, as the guardian
of the Constitution, was felt to be symbolic. The Constitutional Council
consisted of seven members, of whom two were appointed by the President of the
Republic, two were elected by the National People's Assembly and two were
elected by the Supreme Court. The President of the Constitutional Council was
appointed by the President of the Republic for a single 10-year term.
Experience would show whether that arrangement reduced the independence of the
Council,
285. In response to questions relating to articles 17, 18 and 19 of the
Covenant, the representative said that the prohibition of offences against the
State or against Islam or other religions was in conformity with article 19,
paragraph 3, of the Covenant, which stipulated that the exercise of the right
to freedom of expression carried with it special duties and responsibilities
and could be subject to certain restrictions provided by law. Verification of
the accuracy of publications could take place only through legal channels,
either in the case of persons claiming defamation or in the case of allegedly
false information affecting the security of the State. The status of Islam as
the State religion was not incompatible with freedom of conscience because the
Algerian State was a Republic that did not impose Islam on its people; other
religious communities existed and were provided subsidies and assistance.
286. With regard to articles 21, 22 and 25 of the Covenant, the representative
said that a political party had been dissolved on the basis of the
Associations Act, which prohibited incitement to violence. That dissolution
was currently being appealed before the Supreme Court. Restrictions on the
right to form trade unions in the interests of national security were in
conformity with article 22 of the Covenant.
287. In connection with article 27 of the Covenant, the representative of the
State party emphasized that Berber culture was considered to be an integral
part of the Algerian identity and that Berber-speaking persons were not viewed
as constituting an ethnic or linguistic minority. Efforts were being made to
promote the Berber language through the national media, education and the
development of a writing system.
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