The political and human rights debate continues in Algeria regarding the authorities’ decision to move towards implementing the death penalty for specific crimes, amid a clear division between political forces and figures who see the ultimate penalty as a means of deterrence and protecting society, and others who adhere to their position rejecting its implementation, warning of its repercussions on human rights and the country’s international obligations.
Hot Topics
In the midst of this debate, the head of the Justice and Development Front, Sheikh Abdullah Jaballah, escalated his tone towards those who oppose the activation of the death penalty, considering that their positions are not only related to evaluating the punishment from a legal or human rights perspective, but rather reflect, according to him, a broader position on Islamic law and the status of religion in society.
In a blog post entitled “What comes from its source is not surprising,” Jaballah devoted a large part of his speech to attacking secularism, which he described as one of the “worst calamities” that the nation has known, considering that its entry into Algeria dates back to the French colonial period, and that it continued, according to his view, to influence the government and society after independence.
Jaballah linked this proposal to the positions of political and civil figures and forces who rejected President Abdelmadjid Tebboune’s move towards activating the death penalty in connection with crimes related to the recent fires, especially after the deaths, injuries, and losses in forests, property, and livestock that they caused.
The head of the Justice and Development Front based his position on the supporters of this stance when he asked which category deserves protection first: the rights of those who committed crimes, or the rights of citizens who could be killed, burned, and have property and forests destroyed? He cited Quranic verses to support his position.
In this context, Jaballah is primarily referring to those who oppose the implementation of the death penalty, whom he believes use respect for human rights and the right to life as a pretext for their position. He went so far as to describe them as “enemies of Sharia,” arguing that their defense of the rights of the accused and criminals, as he put it, comes at the expense of the rights of victims and society.
Democratic parties and human rights figures had announced their opposition to reinstating the death penalty. The New Generation Party, for example, called for addressing the phenomenon of arson by investigating its various causes and not resorting to the death penalty as a solution to a complex problem.
Youssef Aouchiche, First Secretary of the Socialist Forces Front (FFS), also announced his party's rejection of a return to the death penalty, arguing that crimes should not be dealt with as a reaction to anger and shock. Othmane Mazouz, President of the Rally for Culture and Democracy (RCD), affirmed his party's opposition to any expansion of the death penalty, while Louisa Hanoune, Secretary General of the Workers' Party (PT), also took a stance of rejection.
In his direct response to Jaballah, human rights activist Said Salhi described those calling for the death penalty as "religious opportunists," accusing them of remaining silent on the issue during the years of the Black Decade. He warned that reinstating the death penalty could, in his view, plunge the country back into an atmosphere of tension and division, and declared his opposition to the punishment.
The controversy intensified after the Cabinet, in its last meeting, identified the crimes for which the draft amendment to the Penal Code seeks to include the death penalty. According to the statement, these crimes include “those who deliberately start or orchestrate fires,” as well as “those who kidnap and abuse minors.”
President Tebboune had instructed the Minister of Justice to prepare a draft amendment to the Penal Code following the fires that struck several eastern provinces, leaving behind deaths, injuries, and significant losses. With the crimes in question identified by the Cabinet, the debate became clearer, shifting from a general discussion about the principle of reinstating the death penalty.
This approach was supported by pro-government parties such as the National Liberation Front and the National Democratic Rally. It was also endorsed by Islamist parties, such as the Justice and Development Front and the Movement of Society for Peace, whose leader, Vice President Nasser Hamdadouche, expressed support, arguing that the severity of the punishment should reflect the gravity of the crime and that the death penalty could enhance deterrence.
It is well known that Algeria has not carried out any executions since 1993, although the death penalty has not been abolished from the penal code, and courts continue to issue death sentences for certain serious crimes. Therefore, the current trend does not represent the introduction of the death penalty into Algerian legislation, but rather a move towards ending the moratorium on its implementation for specific crimes.
Those accused of arson are being prosecuted for serious crimes.
While the political and legal debate continues, the judicial process has begun to take a more practical turn in the cases of the fires. On Monday, the Public Prosecutor's Office at the National Anti-Terrorism and Transnational Organized Crime Division of the Sidi M'hamed Court in Algiers announced the pre-trial detention of four individuals suspected of setting fire to forest lands in the provinces of Tizi Ouzou and Setif.
According to the prosecution's statement, the judicial authority dealt with three cases related to criminal groups setting fire to forest properties, within the framework of investigations related to the fires that some states of the country witnessed during the recent period.
The first case concerns a person who was caught red-handed after setting fire to a dense, dry thicket near the forested area located on the wells road near the female university residence in Tizi Ouzou, with the recovery of a video clip documenting his setting the fire.The second case concerns another person who was arrested after deliberately setting fire to a forest in the Ait Aissa Ouziane area of Maatkas municipality in Tizi Ouzou. Investigators found a video documenting the incident. He was also charged with throwing stones at civil protection officers while they were intervening to extinguish the fire, in addition to what was stated in the investigation regarding his statement that he was a sympathizer of the separatist organization “MAK”, which is classified on the terrorism lists in Algeria.
The third case concerns two people who were arrested for setting fire to the scrubland and forest trees in the Mentanou forest in the municipality of Tizi N'Bechar in the state of Setif, where, according to the prosecution, their presence at the scene of the fire was confirmed through scientific expertise.
Following the preliminary investigation conducted by the security and gendarmerie services, the four individuals were charged with acts of sabotage aimed at endangering lives, security, and property, and with deliberately setting fire to state forest land. The prosecution based its legal characterization of these acts on Article 87 bis of the Penal Code and Article 138 of the Law on Forests and Forest Resources. After the suspects were brought before the court and questioned by the investigating judge, they were ordered to be held in pretrial detention.
Tags:
africaaustralia
