Mr. Mohamed Boucekkin has been located but remains detained

The International Secretariat of the World Organisation Against Torture (OMCT) has received new information on the following situation in Algeria.

New information

The International Secretariat of the OMCT has been informed by a reliable source and by Antenna International, a member organisation of the SOS-Torture Network, that Mr. Mohamed Boucekkine has been located.

According to the information received, Mr. Mohamed Boucekkine was located on Thursday, 28 June 2007. He was found in the Serkadji prison after having been missing for 13 days, unable to contact neither his family nor a lawyer. Mr. Boucekkine’s family was informed of his whereabouts by the family of a fellow inmate. On Saturday 30 June 2007, Mr. Boucekkine’s family were able to visit him in prison.

According to the same information, Mr. Mohamed Boucekkine was presented to the examining magistrate of the second chamber of the Alger Tribunal (juge d’instruction de la deuxième chambre du tribunal d’Alger) on 26 June 2007. He has been reportedly charged with having participated in the financing of terrorist activities. These charges were confirmed by one of Mr. Boucekkine’s friends, Lotfi. Nevertheless, Lofti’s statement was taken over the course of an interrogation at the Department for Information and Security (DRS- Département du renseignement et de la securité) during which Lofti was allegedly subjected to torture. On 2 July 2007 Mr. Boucekkine’s lawyer was appointed, and was able to visit the prisoner that same day.

Originally, Mr. Mohamed Boucekkine had allegedly admitted everything he was accused of for fear of undergoing the same treatment as his friend (whom he had allegedly seen at the premises). However, once in front of the examining magistrate he denied all charges and explained that he had given his previous statement for fear of being tortured. Mr. Boucekkine’s same friend (Lofti) also confirmed before the judge that Mr. Mohamed Boucekkine had done no wrong. Lofti also stated that during his interrogation he had been forced through torture to give out names. Nevertheless, Mr. Boucekkine reportedly remains arbitrarily detained, with no valid proof against him, and with the only witness against him (his friend Lofti) having taken back his declaration during the hearing. The DRS agents were also present during the hearing.

The International Secretariat of the OMCT expresses its deep concern about Mr. Mohamed Boucekkine’s physical and psychological integrity. OMCT would like to recall that Algeria is a party to the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading

Treatment or Punishment which prohibits torture and ill-treatment. Furthermore, according to article 15 of the same convention, “Each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made.” Moreover, article 9.1 of the International Covenant on Civil and Political Rights to which Algeria is also a party establishes that no one shall be subjected to arbitrary arrest or detention

Brief reminder of the situation

Mr. Mohamed Boucekkine, age 34, was arrested on Friday 15 June 2007 at 6:30 pm in his home in Fouka. Two individuals in civilian reportedly entered his house without identifying themselves, asked for his papers and proceeded to a search of the house. His arrest reportedly took place in front of his wife, children and a cousin. It is reported that, when asking where her husband was being taken to, his wife was told he was only going to be interrogated.

According to the same information, Mr. Mohamed Boucekkine had not been able to contact his family nor to consult a lawyer.

Actions requested

Please write to the authorities in Algeria urging them to:

1. Take all the necessary measures to guarantee the physical and psychological integrity of Mr. Mohamed Boucekkine;
2. Order Mr. Mohamed Boucekkine’s immediate release in the absence valid charges, and if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times;
3. Order a thorough and impartial investigation into these events in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
4. Ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

• Mr. Abdelaziz Bouteflika, President of the Republic, El Mouradia-BP Algiers Gare, Fax 00213 21 69 15 95, E-mail: President@el-mouradia.dz
• Mr. Tayeb Belaiz, Ministre of Justice, Ministry of Justice, 8 Place Bir-Hakem El-Biar, Algiers, Algeria, Fax 00 213 21 92 17 01/ 29 56, E-mail: info@mjustice.dz
• H.E. Idriss Jazaïry, Ambassador, Permanent representative of Algeria at the UN in Geneva, Route de Lausanne 308, CH-1293, Bellevue, Switzerland, E-mail: mission.algerie@mission-algerie.ch, Fax: +4122 / 774.30.49
• H.E. Halim Benattallah, Ambassador of Algeria in Belgium, Avenue Molière 207, 1050 Brussels, Fax : 0032 343 51 68, E-mail: info@algerian-embassy.be

Please also write to the embassies of Algeria in your respective country.

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Geneva, 5 July 2007

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.