The International League Against Arbitrary Detention urges the Government of Algeria to take all necessary actions to implement the United Nations Working Group on Arbitrary Detention Opinion No. 4/2023 concerning Hamid Soudad, starting with the immediate and unconditional release of Mr. Soudad and according him an enforceable right to compensation and other reparations in accordance with international law.
Read the full WGAD Opinion concerning Hamid Soudad (Algeria): Opinion 4/2023
ARRESTED AND ARBITRARY DETAINED FOR SHARING A RELIGIOUS CARICATURE
Hamid Soudad, an Algerian poultry farmer, converted to Christianity two decades ago and became a member of the Protestant Church. In June 2018, he shared a caricature on social media depicting a conversation between Abu Lahab and Prophet Mohammed concerning Aisha, the Prophet's wife. However, in January 2021, Soudad's life took a drastic turn when he received a summons from the gendarmerie without any specified reasons. Upon his compliance, he was promptly placed in police custody, interrogated without legal representation, and allegedly coerced into self-incrimination. Despite retracting his statements during the trial, he was sentenced to five years in prison and fined for "offense to the Prophet Mohammed" and "denigration of Islamic doctrine and precepts." Soudad's trial, although public, was reportedly biased, with the court emphasizing his Christian conversion. Appeals to higher courts proved fruitless, and a presidential decree of amnesty in July 2022 excluded individuals convicted of similar offenses.
Numerous violations of international human rights instruments are identified in Hamid Soudad's case. Firstly, his arrest on January 19, 2021, occurred without a warrant and without informing him of the reasons for his arrest, as mandated by Article 9 paragraph 2 of the International Covenant on Civil and Political Rights (ICCPR). Despite the government's assertion of conducting the arrest in flagrante delicto, the absence of evidence supporting this claim renders the arrest and subsequent detention arbitrary under Article 9 paragraph 1 of the ICCPR. Additionally, Mr. Soudad was not promptly informed of the grounds for his arrest. Despite having sufficient time between the alleged social media post and the arrest, authorities failed to provide proper notification, contributing to the arbitrary nature of Mr. Soudad's detention. Consequently, the Working Group concluded that these violations of fundamental rights, including those outlined in the Universal Declaration of Human Rights (UDHR) and the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, render Mr. Soudad's arrest and detention arbitrary under Category I.
DETENTION IN VIOLATION OF HIS RIGHT TO FREEDOM OF EXPRESSION AND RELIGION
Hamid Soudad's case reveals egregious violations of his fundamental human rights. Firstly, his detention is deemed arbitrary as it directly targets his religious beliefs and conversion to Christianity, contravening Article 18 of both the UDHR and the ICCPR, which safeguard the right to freedom of religion. Moreover, Soudad's detention infringes upon his freedom of expression, as sharing a caricature of Prophet Mohammed on social media was an exercise of his right to express his opinions on a historical matter, falling under Article 19 of the UDHR and ICCPR. The government's justification for restricting Soudad's rights based on Article 144 bis 2 of the Penal Code lacks specificity and legality, violating Article 15 paragraph 1 of the ICCPR. The charges against Mr. Soudad under this article are overly broad, hindering his peaceful exercise of rights without demonstrating their necessity or proportionality, as required by Article 19 paragraph 3 of the ICCPR. Consequently, the Working Group concluded that Soudad's arrest and detention represent severe violations of his rights to freedom of expression, thought, conscience, and religion, warranting categorization under Category II and referral to the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression.
BLANTANT VIOLATIONS OF HIS RIGHT TO A FAIR TRIAL
Hamid Soudad's detention stands as a flagrant violation of his fundamental rights to liberty, fair trial, and due process. Firstly, his detention flouts Article 9 paragraphs 1 and 2 of the Covenant, as he was summoned and detained without being informed of the reasons for his arrest, deprived of an arrest warrant, and denied access to legal counsel during his custody. These actions starkly violate his right to liberty and security of person. Secondly, the denial of legal representation during interrogation and trial, along with the judge's alleged bias and hostility towards Soudad's Christian beliefs, were blatant violation of his right to a fair trial and the presumption of innocence. Therefore, the Working Group concluded that these severe infringements on Soudad's rights rendered his detention arbitrary under Category III.
DISCRIMINATED ON THE GROUNDS OF HIS RELIGIOUS BELIEFS
Hamid Soudad's detention is marred by evident discrimination based on his religious beliefs, constituting a severe breach of fundamental human rights principles. His prosecution and conviction were undeniably influenced by his conversion to Christianity, a clear violation of Article 26 of the ICCPR and Article 2 and Article 7 of the UDHR, which prohibit discrimination on the grounds of religion or belief. The judicial proceedings against Mr. Soudad prominently featured references to his Christian faith, with his religion repeatedly brought up despite its irrelevance to the charges against him. Such treatment underscores the discriminatory motives behind his arrest and detention. Moreover, the government's response failed to adequately address these allegations, merely citing constitutional provisions without effectively refuting the evidence of religious prejudice. This lack of substantive rebuttal further highlights the discriminatory nature of Soudad's detention. Given the blatant discrimination based on his religious beliefs, the Working Group concludes that his detention falls under Category V, constituting arbitrary detention under international human rights law.
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 Hamid Soudad was arbitrary and fell under categories I, II, III, and V because the deprivation of liberty of Mr. Soudad was in contravention of articles 2, 3, 7, 9, 11, 18, 19 of the Universal Declaration of Human Rights and articles 2, 9, 14, 18, 19, 26 of the International Covenant on Civil and Political Rights.
The United Nations Working Group on Arbitrary Detention recommended that the Government of Algeria take the steps necessary to remedy the situation of Hamid Soudad without delay, starting with his immediate release and accord him an enforceable right to compensation and other reparations.
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