U.S. human rights report - Algeria 2006

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March 7 (Reuters) - The U.S. State Department has released its annual human rights report. Here is a summary of the report on Algeria:

ALGERIA: The government failed to account for thousands of persons who disappeared in detention in the 1990s. Other significant problems included reports of abuse and torture; official impunity; prolonged pretrial detention; limited judicial independence and restrictions on civil liberties.

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Country Reports on Human Rights Practices - 2006
Released by the Bureau of Democracy, Human Rights, and Labor
March 6, 2007

Algeria

Algeria is a multiparty republic of approximately 33 million inhabitants whose head of state (president) is elected by popular vote to a five-year term. The president has the constitutional authority to appoint and dismiss cabinet members and the prime minister, who serves as the head of government. The president also serves as commander-in-chief of the armed forces. President Bouteflika was re-elected in 2004 after competing against five other candidates in a generally transparent election in which the military remained neutral. While civilian authorities generally maintained effective control of the security forces, there were a few instances in which elements of the security forces acted independently of government authority.

The government continued to fail to account for thousands of persons who disappeared in detention during the 1990s. Other significant human rights problems included reports of abuse and torture; official impunity; prolonged pretrial detention; limited judicial independence; denial of fair, public trials; restrictions on civil liberties, including freedom of speech, press, assembly, and association; security-based restrictions on movement; limitations on religious freedom, including increased regulation of non-Muslim worship; corruption and lack of government transparency; discrimination against women; and restrictions on workers' rights.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including Freedom From:

a. Arbitrary or Unlawful Deprivation of Life

There were no reports that the government or its agents committed arbitrary or unlawful killings.

During the year, according to the Ministry of the Interior (MOI) and press releases, the total number of terrorist, civilian, and security force deaths declined to 323 (compared to 488 in 2005, 429 in 2004, and 1,162 in 2003). Of these, the government stated that terrorists killed 54 civilians (76 in 2005) and 90 security force members (177 in 2005); security forces killed an estimated 179 suspected terrorists (235 in 2005).

Terrorists targeted civilians, security forces, and infrastructure. Press reports estimated that 135 civilians and 174 members of the security forces were killed in terrorist attacks, most of which were attributed to the Salafist Group for Preaching and Combat (GSPC).

Revenge, banditry, and land ownership disputes - not terrorism - prompted some killings. In February Ali Tounsi, head of the national police, stated that terrorism in the country had been nearly eliminated and that some violence was the result of organized crime, not terrorism. Most of the violence occurred in mountainous and rural areas. For the first time in more than two years, there were terrorist attacks in the capital. On October 19, an improvised explosive device (IED) exploded outside a military barracks in the Algiers suburb of El-Harrach, wounding six, and on October 30 two bombs killed two persons approximately 20 kilometers (12.4 miles) from downtown Algiers. On December 10, a shuttle bus carrying 20 expatriate workers of a Western oil services company was attacked in a suburban area of Algiers near residences of senior government officials and a major hotel. Two men on the bus were killed.

In a March press conference, former Prime Minister Ouyahia officially stated that the total death toll of the 1998 Ramka massacre committed by terrorists in the province of Relizane had been 1,000, not 150, as previously stated by the government.

b. Disappearance

In June, according to local and international NGOs, three individuals disappeared but later reappeared in court on October 9 and were charged with belonging to a terrorist group (see section 1.d.). It was not known when the individuals were formally placed in pretrial detention. In November, according to the Algerian League for the Defense of Human Rights (LADDH), an individual disappeared and remained missing at year's end.

For courts to hear charges of disappearance, the law requires at least two eyewitnesses. Most of the thousands of disappearances in the mid-1990s, many of which have been attributed to the security forces, remain unresolved. The government has not prosecuted any security force personnel, and there is no evidence that the government investigated any of the 5,200 cases that it acknowledged were caused by security forces. According to some local NGOs, the government has refused to investigate cases to avoid the possibility of criminal charges against security forces or other government officials. Courts have therefore refused to consider cases where a family member, as a single eyewitness to an abduction, identified specific policemen as the abductors.

Press reports indicated that the GSPC kidnapped approximately 55 civilians during the year.

The total number of disappeared during the 1990s continued to be debated. During the year, the government estimated that 6,546 persons were missing or disappeared as a result of government actions between 1992 and 1999, with some 10,000 additional persons missing or disappeared from terrorist kidnappings and murders. Local NGOs reported that security forces played a role in the disappearances of approximately 8,000 persons.

In September 2005 voters approved by referendum President Bouteflika's proposed Charter for Peace and National Reconciliation, which ended the ad hoc mechanism that was established in 2003 to account for the disappeared. According to official results, 80 percent of registered voters participated, and 97 percent of the participating voters approved the charter. The charter went into effect on March 8, granting amnestyto units of the National Popular Army, the security forces, and persons who helped fight against extremists, as well as to certain persons involved in terrorist activities. To qualify for amnesty,individuals engaged in terrorism had to cease their armed activities and surrender themselves and their weapons to the authorities. Persons implicated in mass killings, rapes, or bomb attacks in public places were not eligible for amnesty. NGOs criticized the amnesty as a blanket for the security services. Many imprisoned terrorists were also given amnesty.

Families of the disappeared experienced complications and delays in receiving compensation from the government. At year's end, it remained unclear how many families had applied for or received compensation.

Local and international NGOs complained that the charter's blanket amnesty for security forces did not hold state agents sufficiently responsible for acts of violence they may have committed. Some local NGOs criticized the charter for enabling terrorists to escape justice for crimes they committed against civilians.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

Both the constitution and Legal Code prohibit torture and other cruel, inhuman, or degrading treatment or punishment; however, there were reports from Algeria Watch in March and Amnesty International (AI) in April that government officials employed such practices. According to the Algerian League for the Defense of Human Rights, security forces frequently used torture, including to obtain confessions.

The Penal Code criminalizes torture; government agents can face prison sentences for up to three years for committing such acts. However, impunity remained a problem (see section 1.d.).

Human rights lawyers maintained that torture continued to occur in military prisons, more often against those arrested on "security grounds." However, they believed that the frequency and severity of torture declined during the year, due in part to better training of the security forces and alternative intelligence-gathering techniques. In July AI published a report on torture by the secret military police, concluding that the security forces were still benefiting from impunity. In May 2005 AI reported that the "chiffon" method -stuffing a rag into a person's mouth while forcing contaminated liquids into the stomach until the person vomited - was the preferred method of torture because it left no physical traces of assault.

In April police detained Mourad M'hamed, a journalist at the daily newspaper El-Khabar. Police shoved and, according to the newspaper, subjected him to "heavy psychological pressure" for several hours because he had published a document concerning the terrorist group GSPC, an act viewed as a threat to national security. In July he was tried for releasing information on national security to the public and acquitted (see section 2.a.).

In 2004, seven gendarmes were imprisoned in a military detention facility in Blida awaiting trial on charges of torture and maltreatment. At year's end, there was no information on their status.

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Prison and Detention Center Conditions

According to the UN Development Program (UNDP), prison conditions were difficult but improving. The government permitted the International Committee of the Red Cross (ICRC), the UNDP and the Red Crescent Society to visit regular, non-military prisons. The ICRC declined to report its findings. The government denied independent human rights observers visits to military and high-security prisons and detention centers.

There were approximately 51,000 inmates in 127 prisons. Overcrowding was a problem in some prisons. The quality of medical care was uneven, according to international observers, and depended upon the prison. In 2005 there were hunger strikes in several prisons to protest conditions and the length of pretrial detentions, but reports of such strikes diminished sharply during the year. Independent human rights observers reported that conditions in prisons generally improved during the year. According to press reports, the justice minister ordered an investigation into prison conditions as a result of prisoner complaints. Also according to press reports, the government fired prison guards at two prisons and reshuffled administrations at 18 prisons.

d. Arbitrary Arrest or Detention

The constitution prohibits arbitrary arrest and detention. As in previous years, the security forces arbitrarily arrested and detained citizens; however, LADDH and the Algerian Human Rights League (LADH)reported that such abuses occurred with decreasing frequency. In 2005, the head of the National Consultative Commission for the Protection and Promotion of Human Rights (CNCPPDH) said that pretrial detention, although defined as an exceptional measure by Article 123 of the Penal Procedure Code, was overused.

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.

Arrest and Detention

Police must obtain a summons from the prosecutor's office to require a suspect to appear in a police station for preliminary questioning. Summonsesare also used to notify and require the accused and/or the victim(s) to attend a court proceeding or hearing.

The government issues warrants under three different circumstances: to bring an individual from work or home to a court; to execute a prosecutor's approved request to place a person into custody pending trial; or to arrest a suspect considered to be a flight risk. Police may make arrests without a warrant if they witness an offense taking place. Lawyers reported that procedures for warrants and summonses were usually carried out properly.

The constitution specifies that a suspect may be held in detention for up to 48 hours without charge. If more time is required for gathering additional evidence, the police may request that the prosecutor extend the suspect's detention to 72 hours. In practice, the security forces generally adhered to the 48-hour limit in non-terrorism cases. However, defense lawyers asserted that detainees in prolonged pretrial detention were sometimes not promptly charged.

Prolonged pretrial detention remained a problem. The law does not provide a person in detention with the right to a prompt judicial determination of the legality of the detention. Persons accused of acts against the security of the state, including terrorism, may be held in pretrial detention as long as 20 months, according to the Code of Penal Procedure; the prosecutor must show cause every four months for continuing pretrial detention.

Judges rarely refused prosecutor requests for extending preventive detention. Detention can be appealed to a higher court but is rarely overturned. If the detention is overturned, the defendant can request compensation. In December 2005, the minister of justice acknowledged publicly that prosecutors sometimes abused investigative detention. Detainees generally had prompt access to a lawyer of their choice and, if indigent, were provided a lawyer by the government.

There is no system of bail, but in non-felony cases suspects are usually released on "provisional liberty" while waiting for trial. Under provisional liberty, suspects are required to report weekly to the police station in their district and are forbidden from leaving the country.

Article 23 of the penal code requires detainees in pretrial detention to be immediately informed of their right to communicate with family members, receive visitors, and be examined by a doctor of their choice at the end of detention. In addition, any suspect can request a medical examination once on police premises or before facing the judge. In practice, however, detainees were typically examined only at the end of their detention. There continued to be frequent reports during the year that these rights were not extended to detainees.

In June, according to local and international NGOs, Mohammed Rabah Ajine, Zeineddine Belacel, and Habib Boukhatemi, all from Tiaret, disappeared and were later placed in pretrial detention in Algiers. On October 9, the three appeared before a judge and were charged with belonging to a terrorist group operating in Algeria and abroad. According to NGO SOS Disparus, at year's end the three were in detention and their trials were pending (see section 1.b.).

Local prosecutors are required to grade the performance of police captains operating in their jurisdiction to ensure that they comply with the law in their treatment of suspects. Police captains subsequently grade their officers.

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Amnesty

In May and July, President Bouteflika pardoned 200 journalists who had been convicted of defamation, including those serving sentences. However, journalists involved in ongoing prosecutions for defamation were ineligible for pardons.

e. Denial of Fair Public Trial

Although the constitution provides for an independent judiciary, executive branch decrees and influence limited judicial independence. The constitution provides for the right to a fair trial; however, in practice, authorities sometimes did not respect legal provisions regarding defendants' rights, and denied due process. Defendants and their attorneys were sometimes denied access to government-held evidence relevant to their cases.

In February 2005, the Superior Council of Judges permanently dismissed and disbarred Judge Mohamed Ras El Ain at a disciplinary hearing that did not afford full due process. Human rights lawyers and local and international press reported that he was accused of criticizing the politicization of the judiciary. Ras El Ain maintained that the judicial system had been abused to serve the interests of a political party.

The judiciary is composed of civil courts, which hear cases involving civilians facing charges not related to security or terrorism; and the military courts, which can also hear cases involving civilians facing security and terrorism charges. Regular criminal courts can try cases involving security-related offenses at the local level.

Military courts in Oran, Blida, Constantine, and Bechar try cases involving state security, espionage, and other security-related offenses involving military personnel and civilians. Each tribunal consists of three civilian judges and two military judges. Although the president of each court is a civilian, the chief judge is a military officer. Defense lawyers must be accredited by the military tribunal to appear. Public attendance at the trial is at the discretion of the tribunal. Appeals are made directly to the Supreme Court. The military tribunals tried cases in 2005 and during the year, but the tribunals did not disclose information on proceedings.

The nine-member Constitutional Council reviews the constitutionality of treaties, laws, and regulations. Although the council is not part of the judiciary, it has the authority to nullify laws found unconstitutional, to confirm the results of any type of election, and to serve as the final arbiter of amendments that pass both chambers of the parliament before becoming law.

Most trials are public and non-jury. Defendants are presumed innocent and have the right to be present and to consult with an attorney, provided at public expense if necessary. Defendants can confront or question witnesses against them or present witnesses and evidence on their behalf. Defendants also have the right to appeal. A woman's testimony is equal to that of a man's.

In August 2005, the government began a program designed to eliminate judicial corruption. A National Council of Magistrates met twice (and twice in 2005) to take disciplinary measures, resulting in the investigation of more than 40 magistrates. In December, 12 judges went before the council for abuse of power, lack of reserve, and unethical relationships. The results of the investigations had not been made public at year's end.

In September 2005, Justice Minister Tayeb Belaiz publicly announced that 60 magistrates had been fired because of "reprehensible acts." In the same month, 21 magistrates appeared before the High Council of Magistrates for disciplinary sanctions, which ranged from expulsion to transfers. Eight were fired and 23 were demoted.

Political Prisoners and Detainees

There were reports of political prisoners and political detainees. On January 21,Bachir Larabi, correspondent for the Arabic-language newspaper El-Khabar in the western region of El-Bayadh, was imprisoned for defamation for an article published on December 9, 2003, incriminating local authorities and a local association in the failed construction of a nursing home. On February 22, he was released. Salah Mokhtari, from the Arabic-language newspaper Djazair News, was arrested on December 18 and released on December 26. Four arrest warrants were issued for Mokhtari between 2004 and 2005 for articles published in the weekly newspaper El-Kawalis, where he worked. In previous years, journalists were detained without charge for lengthy periods before trial for defamation against government officials.

Civil Judicial Procedures and Remedies

The judiciary was not fully independent and impartial in civil matters. Favoritism can occur, depending on the family connections and status of the parties involved. Individuals may bring lawsuits seeking damages for human rights violations and be compensated for alleged wrongs.

f. Arbitrary Interference with Privacy, Family, Home or Correspondence

The constitution prohibits such actions; in practice, however, government authorities infringed on citizens' privacy rights. The government actively monitored the communications of political opponents, journalists, human rights groups, and suspected terrorists (see section 4).

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Section 2 Respect for Civil Liberties, including:

a. Freedom of Speech and Press

The constitution provides for freedom of speech and press; however, the government restricted these rights in practice.

Individuals generally were able to criticize the government privately without reprisal. However, citizens were less inclined to criticize the government in public. The government attempted to impede criticism by monitoring political meetings.

The law specifies that freedom of speech must respect "individual dignity, the imperatives of foreign policy, and the national defense." The state of emergency decree gives the government broad authority to restrict these freedoms and take legal action against what it considers to be threats to the state or public order. These regulations were heavily applied throughout the year, and in some instances the government targeted specific media organizations and their staff.

Radio and television are government-owned, with coverage favorable to government policy. During the year, opposition spokesmen were generally denied access to the public radio or television. Television access continued to be severely limited for some opposition parties. These limitations were less evident for radio. Presidential candidates received equal amounts of time on the state-owned radio and television channels during the three-week official campaign season prior to the 2004 elections.

The country's non-state-owned print media consisted of more than 43 daily, 60 weekly, and 17 monthly publications that supported or opposed the government to varying degrees; only six newspapers' circulation exceeded 10,000 copies. The government owned two French-language and two Arabic-language newspapers. Many political parties, including legal Islamic parties, had access to the independent press and made use of it to express their views. Opposition parties also disseminated information via the Internet and in communiqués.

The law permits the government to levy fines and to imprison members of the press in a manner that restricts press freedom. The government censored directly and indirectly and intimidated the media into practicing self-censorship. The government used defamation laws to harass and arrest journalists, and the press faced government retaliation for criticizing government officials.

Charges of defamation are based on the 1990 communication law which protects Islam from defamation, controls access to external information, and outlaws writing that threatens national unity. In 2001, the laws were amended to criminalize writing, cartoons, and speech that insult or offend the president, parliament, judiciary, or armed forces. The Penal Code imposes high fines and prison terms of up to 24 months for defamation or "the insult" of government figures, including the president, members of parliament, judges, members of the military, and "any other authority of public order." Those convicted face prison sentences that range from 3 to 24 months and fines of $675 to $6,750 (50,000 to 500,000 dinars).

In January the regional correspondent of the daily newspaper El-Khabar, Bachir El-Larabi, was sentenced to a month's imprisonment for defamation. In the same case, Ali Djerri, director of the newspaper, was fined $700 (50,000 dinars). El-Larabi was released in February.

On December 25, a court in Jijel sentenced Omar Belhouchet, editor-in-chief of the French-language daily El-Watan, and columnist Chawki Amari to three months in prison and fined them $14,088 (986,000 dinars) for an article published in June accusing the wali of Jijel of corruption. Amari told the international NGO Reporters Without Borders that he did not receive a summons to appear before the court of Jijel and only became aware of the trial after its verdict was rendered. In June, also for an article involving the alleged corruption of the wali of Jijel, Ali Fodil from the Arabic-language daily newspaper Echourouk el-Youmi was sentenced to three months in prison and fined $703 (49,000 dinars). Belhouchet, Amari, and Fodil appealed their sentences and were not detained.

In February, Ali Dilem, the cartoonist for the French-language daily newspaper Liberté, was sentenced to a year in prison and a $700 (50,000 dinars) fine for 12 cartoons dealing with President Bouteflika that were published in October and November 2003.

On February 20, Kamel Boussad, director of the weekly Panorama, and Berkane Bouderbala, editor of the weekly Essafir and its religious supplement Errisala, were imprisoned because both reprinted Danish caricatures of the Prophet Muhammed. The minister of communication lodged a complaint on the basis of Article 144 of the Penal Code, which provides for up to five years in prison for offenses against the Prophet or God's Messengers or which denigrate the doctrine of Islam. On March 15, Boussad and Bouderbala were released.

On February 10, after broadcasting the same caricatures, Lotfi Cheriet, general manager of the television channel Canal Algerie, was reassigned and demoted. The narrator of the piece was fired. Houria Khatir, director of television channel Thalita, was also fired for permitting images of the caricatures to be televised.

On April 1, police detained Mourad M'hamed, a journalist at the daily newspaper El-Khabar. He was shoved and, according to the newspaper, subjected to "heavy psychological pressure" for several hours in a police station because he had published a document concerning the terrorist group GSPC, an act viewed as a threat to national security. In July he was tried for releasing information on national security to the public and acquitted (see section 1.c.).

On October 31, an Algiers court convicted editor Ali Fodel and reporter Naila Berahal of the Arabic-language daily Echourok el-Youmi on charges of defaming Libyan leader Muammar al-Qadhafi. The judge sentenced both defendants to six months in prison and ordered the newspaper closed for two months. Fodel and Berahai appealed, and the case was pending at year's end.

During the year, 68 press-related cases were tried. In 2005, there were 114 recorded cases of press harassment.

In May and July, President Bouteflika pardoned all 200 journalists with pending defamation cases or defamation convictions, including 11 sentenced to jail terms in 2005.

In 2004, Mohamed Benchicou, the managing editor of the opposition paper Le Matin and author of a book critical of the president, Bouteflika - An Algerian Imposter, was convicted of violating foreign exchange controls in attempting to sell the book. He was sentenced to two years in prison and released in June. He challenged the continued confiscation of his passport, and in September a judge ordered it returned to him.

Government economic leverage on the media was considerable. Unlike in previous years, there were no closures of newspapers for debts to the state-owned printing house. All newspapers were printed at government-owned presses, and the government continued to influence the independent press through the state-owned advertising company, Agence Nationale d'Edition et de Publicite (ANEP), which decided which independent newspapers could benefit from advertisements placed by state-owned agencies and companies. ANEP, and therefore the government, controlled the largest source of income for newspapers.

Most independent newspapers continued to rely on the government's four publishers for printing presses and newsprint.

In March, the government banned Boualem Sensal's book "Algiers: Dead Letter Box" because it criticized the government and suggested fewer people were killed in the war for independence than officially claimed.

The government continued restrictions on both the local and the international media's coverage of issues relating to "national security and terrorism."

In February, the government blocked distribution of two editions of the French newspapers France Soir and Le Monde because they contained the Danish cartoons depicting the Prophet Muhammed.

Satellite dish antennas were widespread.

Access to print and broadcast media for Tamazight (Berber language) and Amazigh culture continued to grow. Tamazight programming also increased on the non-Berber language channels, as did advertisements in Tamazight on all television and radio channels. Beginning in the 2006-2007 scholastic year, the Tamazight language was officially taught in primary schools, starting in the fourth grade in 17 predominantly Berber provinces.

Restrictions remained in place on the international media, limiting its ability to report freely; however, the restrictions were not as stringently enforced as in previous years. Al-Jazeera's office remained closed. At year's end, neither Ahmed Megaache from Al-Arabia nor Ait Larbi from Le Figaro had received accreditation.

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Internet Freedom

Access to the Internet was generally free; however, the government monitored email and Internet chatrooms, particularly those dealing with terrorism and security issues. Article 14 of the 1998 ministerial decree on telecommunications states that Internet service providers are legally liable for the material and Web sites they host.

Academic Freedom and Cultural Events

The government limited academic freedom. While a growing number of academic seminars and colloquiums occurred without governmental interference, there were extensive delays in issuing visas to international participants and instances where international experts were denied entrance (see section 4).

Scheduled performances of French humorist Djamel Debbouze in April were canceled. Local media speculated that the cancellation was due to his position on Western Sahara.

In October the Ministry of Culture prevented books and CD-ROMs in support of Salafist views of Islam from being exhibited and sold at the International Book Fair of Algiers.

b. Freedom of Peaceful Assembly and Association

The constitution provides for freedom of assembly and association; however, the exercise of these rights was severely restricted in practice.

Freedom of Assembly

Article 41 of the constitution provides for the right of assembly; however, the emergency decree and government practice continued to sharply curtail this right. A 2000 decree continued to ban demonstrations in Algiers. Citizens and organizations were required to obtain permits from the appointed local governor before holding public meetings. The government frequently granted licenses to political parties, NGOs, and other groups to hold indoor rallies, although licenses were often granted on the eve of the event, thereby impeding publicity and outreach. After repeated difficulties in 2005 in obtaining permission to hold outdoor meetings, LADDH decided to hold indoor meetings. Groups opposing the Charter on Peace and Reconciliation also had difficulty securing permission to hold public gatherings. In September 2005, a gathering of the families of the disappeared in Constantine was violently disbanded by the police. In Algiers the same month, families of the victims of terrorism gathered in front of the prime minister's office for three consecutive weeks to protest.

During the year the government broke up numerous marches, protests, and demonstrations outside the capital. After a September 5 announcement, SOS Disparus resumed its weekly gathering in front of the CNCPPDH headquarters to urge President Bouteflika to find a different solution to the problem of the disappeared.

On June 28, in the Tiaret province, more than 300 young men gathered in the streets and marched, blocking the main national highway in the province to protest the absence of water, gas, and secure and paved roads. Police attempted to break up the protest, but riots lasted for three days. One individual died as a result of tripping over a felled lamp pole, 67 persons were arrested for vandalism, and 34 persons were injured. On the third day of the conflict, the tension escalated when demonstrators asked local officials to release all of the incarcerated youths. Due to their status as minors, 57 youths were released after less than one week of detention, while the remaining 10 served prison sentences ranging from one to four months.

On July 22, the Movement for a Society of Peace (MSP), a party in the governing coalition, organized a march in Algiers in support of the Lebanese and Palestinian people. When security forces attempted to prevent the march, violence occurred. Fifteen demonstrators were arrested, but were released the same day following negotiations between police and MSP officials.

Freedom of Association

The constitution provides for the right of association; however, the emergency decree and government practice severely restricted this right. The MOI must approve all political parties before they may be legally established (see section 3). The government restricted the registration of certain NGOs, associations, and political parties on "security grounds," but declined to provide evidence or legal grounds for refusing to authorize other organizations that could not be disqualified on security grounds. The government frequently failed to grant official recognition to NGOs, associations, and political parties in an expeditious fashion. The MOI may deny a license to or dissolve any group regarded as a threat to the government's authority or to the security or public order.

The government issued licenses and subsidies to domestic associations, especially youth, medical, and neighborhood associations. The MOI regarded organizations unable to attain government licenses as illegal. Domestic NGOs encountered bureaucratic obstacles to receiving financial support from abroad. Although not illegal, financial support from abroad is conditioned on a series of authorizations from the ministries of Interior and National Solidarity. These authorizations are difficult to obtain.

Membership in the Islamic Salvation Front (FIS), a political party banned in 1992, remained illegal. SOS Disparus and two political parties, the Democratic Front of Sid-Ahmed Ghozali and the Wafa party of former prime minister Ahmed Taleb Ibrahimi (generally regarded as the political heir to the FIS), remained unrecognized but operated without interference.

In November the government prevented diplomatic representatives from visiting Algerian NGO Somoud, an advocacy group for victims of terrorism.

As in the previous year, the government issued visas to Freedom House, a foreign NGO, to meet with other NGOs and foreign diplomats in the country.

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c. Freedom of Religion

Article 2 of the constitution provides for freedom of religion, while declaring Islam the state religion. In practice, the government restricted religious freedom.

On March 1, the parliament adopted Ordinance 06-03 dealing with the conditions and regulations of religions other than Islam. According to the Ministry of Religious Affairs, one objective of the ordinance is the maintenance of public order. The ordinance confines non-Muslim worship to specific buildings approved by the state, imposes penalties for proselytizing, and treats transgressions as criminal rather than civil offenses. There are restrictions on public assembly for purposes of practicing a faith other than Islam without a license, prohibitions on proselytizing of citizens by foreigners, and controls on the importation of religious materials. There were no reports that the ordinance was enforced during the year.

The government requires organized religions to obtain official recognition prior to conducting any religious activities. The Protestant, Roman Catholic, and Seventh-Day Adventist churches are the only non-Islamic faiths authorized to operate in the country. Members of other denominations, particularly Methodists, were forced to operate without government permission or register as a part of the Protestant Church.

Article 36 of the constitution provides citizens the right to choose their own religion; however, the government's interpretation of Shari'a (Islamic law) does not recognize conversion from Islam to any other religion. There are no specific laws against Muslim citizens proselytizing non-Muslims; however, the government considers the proselytizing of Muslim citizens by non-Muslims to be a subversive activity. The government restricted the importation of religious literature, including Islamic literature, intended for widespread distribution, although it did not restrict such materials for personal use. In recent years, non-Islamic religious texts and music and video selections have become easier to locate for purchase. The government-owned radio station provides broadcast time for Protestant and Catholic radio broadcasts. The government prohibits the dissemination of any literature portraying violence as a legitimate precept of Islam.

The education and religious affairs ministries strictly require, regulate, and fund the study of Islam in public schools. The government monitored activities in mosques for possible security-related offenses, barred their use as public meeting places outside of regular prayer hours, and convoked imams to the Ministry of Religious Affairs for "disciplinary action" when deemed appropriate. The Ministry of Religious Affairs provided financial support to mosques and paid the salaries of imams; the ministry also trained and regulated the appointment of imams, and the law allows it to pre-screen religious sermons before they are delivered publicly (see section 2.a.). However, officials from the ministry have stated that they rarely interfere with sermons beyond an advisory capacity. The government monitored all Koranic schools to prevent extremist teachings. The Ministry of Religious Affairs controlled Islamic sermons during the violence between Islamists and the government during the 1990s, and those restrictions largely remained in place.

The Penal Code provides for prison sentences and fines for preaching in a mosque by persons who have not been recognized by the government as imams. All persons, including imams recognized by the government are prohibited from speaking during prayers at the mosque in a manner that is "contrary to the noble nature of the mosque or likely to offend the cohesion of society or serve as an apology for such actions."

Societal Abuses and Discrimination

The country's 1992-2002 civil conflict pitted self-proclaimed radical Muslims belonging to the Armed Islamic Group (GIA) and its later offshoot, the GSPC, against moderate Muslims. During the year radical Islamic extremists issued public threats against all "infidels" in the country, both foreigners and citizens. The country's terrorist groups generally did not differentiate between religious and political killings.

In October 2005, following an announcement by the authorities warning against such behavior, the tribunal of Bejaia sentenced six young persons to three to six months in prison for having eaten in an "ostentatious way" during daylight hours during the Muslim fasting month of Ramadan. The youths were released after three months of detention.

Anti-Semitic political commentary and cartoons appeared periodically in the Arabic-language press without government response. Following the July-August conflict between Israel and the terrorist group Hizballah, anti-Semitic articles, political commentary, and cartoons regularly appeared in the press. The government did not promote tolerance or anti-bias education, and there is no hate crime legislation. The country's Jewish population numbered fewer than 100 persons. No synagogues in the country are functioning.

For a more detailed discussion, see the 2006 International Religious Freedom Report.