ALGERIA: ARBITRARY DETENTION OF YACINE CHEREF

The International League Against Arbitrary Detention urges the Government of Algeria to take all the necessary actions to implement the United Nations Working Group on Arbitrary Detention Opinion No. 3/2025 concerning Yacine Cheref, asking the Government of Algeria to immediately and unconditionally release Yacine Cheref and to accord him an enforceable right to compensation and other reparations in accordance with international law.

Read the full WGAD Opinion concerning this case: Opinion No. 3/2025.

ARREST AND DETENTION OF AN ALGERIAN TRADER

Yacine Cheref is an Algerian national born in 1983. He was working as a trader at the time of his arrest and detention.

On 27 May 2024, Yacine Cheref was arrested in Alger without an arrest warrant and without being informed of the reasons for his arrest. His residence was then searched with a warrant. Following his arrest, Yacine Cheref was taken to an undisclosed place of detention and held officially in custody from 27 May 2024 to 30 May 2024 before being able to call his family. He was questioned multiple times. The prosecutor verbally informed him of the charges against him on 6 June 2024, which included affront to the Prophet, promotion of terrorism, and incitement and provocation of an unarmed gathering, among others. Consequently, Yasine Cheref was presented to the investigating judge of the Fifth Investigating Chamber of the Court of El Harrach for an interview. The judge ordered his placement in pretrial detention; his appeal of this decision was denied on 26 June 2024.

On 27 November 2024, he was tried and sentenced to one year of imprisonment under article 196 bis of the Penal Code for disseminating and propagating false and defamatory information to the public likely to undermine public security and order. Yasine Cheref is serving his sentence at the Kolea Prison with the intention of filing an appeal against the verdict.

The Government responded to the Working Group after the provided delay had expired. 

ARRESTED WITHOUT WARRANT, WITHOUT BEING PRESENTED TO A JUDGE WITHIN 48 HOURS, AND SUBJECTED TO INCOMMUNICADO DETENTION

The source claimed that Mr. Cheref was arrested on 27 May 2024 without a warrant or other document from a judicial authority. He was also not informed of the reasons for his arrest or the charges against him until he was brought before the prosecutor on 6 June 2024. The Government, in its late reply, stated that Mr. Cheref was arrested by order of the prosecutor, but did not say whether the mandate was presented to Mr. Cheref himself. In view of Mr. Cheref’s right to be informed of the reasons for his arrest and promptly informed of any charges against him, the Working Group therefore found a violation of article 9 (1) and (2) of the International Covenant on Civil and Political Rights.

The source also submitted that Mr. Cheref was not brought before a judge until 6 June 2024, at least nine days after his arrest on 27 May 2024, without any justification for the delay. The Government stated that Mr. Cheref’s custody was extended under the prosecutor’s authorisation for a total length of nine days and nine nights. Under article 9 (3) of the Covenant, anyone arrested or detained on a criminal charge must be brought promptly before a judge. A longer delay may be justified under exceptional circumstances. However, the Working Group, as it had previously noted, stated that a prosecutor cannot be considered a judicial authority for the purposes of article 9 (3) of the Covenant. Mr. Cheref’s detention was therefore in violation of article 9 of the International Covenant on Civil and Political Rights, as well as article 9 of the Universal Declaration of Human Rights.

Mr. Cheref was also held incommunicado, according to the source. He was unable to contact his family for the first three days of his custody and was deprived of the assistance of a lawyer for the entire duration of his custody. The Government replied that Mr. Cheref was authorised from his arrest to contact his family, which he did, and that he was informed of his right to the assistance of a lawyer under article 51 bis 1 of the Code of Criminal Procedure. The Government also claimed that Mr. Cheref waived his right to a lawyer during the preliminary enquiry stage. The Working Group, however, noted that there was no detailed information to support the Government’s claim, notably to demonstrate its waiver of his right to counsel. Therefore, the Working Group considered that authorities had violated article 9 (4) of the Covenant by holding Mr. Cheref incommunicado without the ability to contact a lawyer and challenge the legality of his arrest and detention.

In light of the above circumstances, the Working Group found that Mr. Cheref’s detention was arbitrary under category I.

DETAINED FOR EXERCISING THE RIGHT TO FREEDOM OF EXPRESSION, OPINION AND PEACEFUL ASSEMBLY

According to the source, Mr. Cheref was prosecuted for having expressed peaceful opinions on Algeria’s political system on social media. The Government responded that his arrest was a result of an order from the prosecutor that followed the discovery of elements indicating his involvement in the publication of messages with terrorist elements, as well as false and malicious information susceptible to posing a risk to public security and order. Given the link between the charges brought against Mr. Cheref and his expression of peaceful political views, the Working Group concluded that both article 19 of the International Covenant on Civil and Political Rights and article 19 of the Universal Declaration of Human Rights were violated.

The source also shared that Mr. Cheref’s prosecution was motivated by his participation in peaceful pro-democracy demonstrations that called for the rule of law at the beginning of the Hirak movement in 2019. Considering the lack of direct response by the Government in regard to these claims, the Working Group found that the charges brought against Mr. Cheref were connected to his activism. The Working Group thus concluded that Mr. Cheref’s arrest was in violation of his right of peaceful assembly protected under article 21 of the International Covenant on Civil and Political Rights and article 20 of the Universal Declaration of Human Rights.

Therefore, the Working Group classified Mr. Cheref’s arrest and detention as arbitrary under category II.

DETAINED WITHOUT ACCESS TO LEGAL ASSISTANCE, AND FAIR TRIAL GUARANTEES

The source claimed that Mr. Cheref was unable to consult a lawyer during his time in custody. The Working Group recalled that all persons deprived of their liberty have the right to legal assistance by counsel of their choosing. Therefore, the Working Group concluded that the situation violated article 14 (3) (b) and (d) of the Covenant.  

The source also noted that Mr. Cheref experienced physical and psychological violence during his detention, including beatings and threats of rape against family members. In its late response, the Government stated that Mr. Cheref had been examined by a doctor the day of his arrest, who had certified that the state of his health was normal, a reply that the Working Group found to be too vague to refute the source’s allegations. The Working Group recalled that, as stated in previous opinions, it would be unlikely for a person who experienced torture or ill-treatment to be able to prepare an adequate defence in a trial that would respect the principle of the equality of arms. Torture and forced confessions, therefore, tainted the full proceedings, in violation of his right to a fair trial guaranteed by article 10 of the Universal Declaration of Human Rights.

The Working Group thus found Mr. Cheref’s detention arbitrary under category III.

DISCRIMINATORY TREATMENT ON THE BASIS OF POLITICAL OPINIONS

According to the source, Mr. Cheref was arrested following the expression of his political opinions criticizing the country’s leaders, as well as his support for Algerian bloggers on social media. The source alleged that it was this expression that led to charges of blasphemy, dissemination of false information likely to undermine public security and order, promotion and dissemination of terrorist ideas, and incitement and provocation of an unarmed gathering. The Government did not provide any detailed information that would refute the above arguments. Given the peaceful character of Mr. Cheref’s actions, as well as his right to liberty of expression under the Universal Declaration of Human Rights and International Covenant on Civil and Political Rights, the Working Group found that his deprivation of liberty was discriminatory and thus in violation of articles 2 (1) and 26 of the Covenant, as well as articles 2 and 7 of the Universal Declaration of Human Rights.

In consideration of the above, the Working Group concluded that Mr. Cheref’s detention was arbitrary under category V.

CONCLUSIONS OF THE UN WORKING GROUP AGAINST ARBITRARY DETENTION

In light of the foregoing, the United Nations Working Group on Arbitrary Detention considered that the detention of Mr. Cheref was arbitrary and fell under categories I, II, III, and V because the deprivation of liberty of Mr. Cheref was in contravention of articles 2, 3, 7, 9, 10, 19 and 20 of the Universal Declaration of Human Rights and articles 2, 9, 14, 19, 21 and 26 of the International Covenant on Civil and Political Rights.

The Working Group urged the Government of Algeria to investigate the circumstances of the violations of his rights and take appropriate measures against those responsible for them. The Working Group considered that, taking into account all circumstances of the case, the appropriate remedy would be to release him immediately and accord him an enforceable right to compensation and other reparations, in accordance with international law.

Finally, it also requested that the Government ensure that an independent investigation be pursued regarding the circumstances under which Mr. Cheref was arbitrarily deprived of his liberty and take measures against those responsible for the violation of Mr. Cheref’s rights.