Concluding observations by members
288. Members of the Committee thanked the representative of the State party
for his cooperation in presenting the report and for having engaged in a
discussion that had been particularly constructive. The delegation had
endeavoured to answer members' questions candidly without trying to conceal
the difficulties. The report, which had been submitted within the specified
period, contained detailed information on the laws and regulations relating to
the implementation of the Covenant. However, it contained only scant
information about the implementation of the Covenant in practice and about
factors and difficulties impeding the application of the Covenant.
289. Members noted with satisfaction that Algeria had ratified or acceded to a
number of international human rights instruments and had included in its
Constitution various provisions relating to human rights and that a national
human rights-monitoring body had been established. Members nevertheless
considered that their concerns had not been fully allayed, especially with
regard to the suspension of the democratic process and the blocking of
democratic mechanisms. Members expressed concerns especially as to the high
number of arrests and the abusive use of firearms by members of the police in
order to disperse demonstrations; respect for due process of law, particularly
before military tribunals; real possibilities for implementing the right to a
fair trial; the large number of reported cases of torture and ill-treatment;
the restrictions on rights to freedom of opinion and expression, and freedom
of the press; the many cases of discrimination against women; and the
non-recognition of minorities, especially the Berbers. Members also
considered that, in the light of the provision of article 6 reguirj-ng States
parties that had not abolished the death penalty to reserve it for the most
serious crimes, it was contrary to the Covenant to impose the death penalty
for crimes that were of an economic nature.
290. The representative of the State party said that the dialogue with the
Committee had been very profitable and that the Committee's observations on
his country's initial report would serve to improve Algeria's human rights
activities. Algeria was anxious to lift the state of emergency as soon as
possible and to return to normal political conditions. Democracy was not
under threat but, in order to save it, it had been necessary to halt the
electoral process temporarily, as all participants in the democratic process
had to be respectful of that process.
291. In concluding the consideration of the initial report of Algeria, the
Chairman said that the dialogue between the representative of Algeria and the
Committee had been extremely useful and had demonstrated how much progress had
been made in Algerian legislation, He expressed the hope that the state of
emergency, which had been declared for one year, would be lifted sooner than
planned.
Comments,of the Committee
292. As indicated in paragraph 45 above, the Committee, at its 1123re\ meeting,
held on 24 March 1992, decided that henceforth, at the conclusion of the
consideration of a State party's report, it would adopt comments reflecting
the views of the Committee as a whole.
-67-