Here are the prerogatives of members of the Intelligence services’ judicial police

The Criminal Court will undergo a profound reform in its composition and functioning, by virtue of the “substantial” amendments proposed to the Code of Criminal Procedure, notably through the institution of the right of the accused to appeal, An increase in the number of assistant jurors and the revision of the provisions relating to the judicial police, said Monday in Algiers the Minister of Justice, Keeper of the Seals Mr. Tayeb Louh.

In a statement before the Legal and Administrative Committee on Freedoms at the National People’s Assembly (NPA), Mr Louh said that the bill amending and supplementing Ordinance No. 66-155 on the Code of Criminal Procedure provides for the creation of numerous legal mechanisms including “the criminal court of appeal at the level of each local court”.

This “important” measure is in line with the constitutional principle envisaged in the last amendment, namely the institution of a second level of jurisdiction in criminal matters and the strengthening of guarantees for a fair trial and in conformity with international standards in human rights matters. 

Mr Louh pointed out that despite the numerous amendments introduced into the Code of Criminal Procedure since its enactment in 1966, only a few had affected the composition of the tribunal and its functioning.

Among the most important proposals submitted to the lower house of parliament is the institution of a second level of jurisdiction, based on the fact that “the accused has the right to appeal in accordance with the law to a court of the first instance which will rule again on his case”.

The Minister of Justice stressed that it was imperative to grant the accused the right to appeal to the criminal court as long as the latter “imposes severe penalties, including death sentences”. This right is also granted to the accused judged by the criminal court even if he or she is prosecuted for a simple fine, he added.

According to Mr. Louh, this amendment is likely “to clear all the criticisms leveled against Algeria by the UN human rights organizations”.

Also included in these amendments is the return to the former criminal court’s component (4 sworn assessors and 3 judges), canceled during the black decade because of threats to judicial cases of terrorism, leading to a reduction in their number and the appointment of jurors.

Mr Louh stressed, however, that cases of terrorism, drugs and smuggling will be entrusted to judges only in view of their experience gained in handling such cases.

The bill also provides for the quashing of the “seizure order” in accordance with the principle of the presumption of innocence and thus proposes that the “defendant accused of a crime who was not detained during the investigation, to appear before the tribunal within a period not exceeding the day before the hearing”.

Concerning the revision of the provisions relating to the judicial police, the text includes new provisions which state “the impossibility for the officers of the judicial police to carry out their mission with the relevant investigations and questioning, only after empowerment issued by the relevant Attorney General”.

If the Attorney General refuses to grant the authorization to the officer or in the event of its withdrawal, the latter may lodge an appeal with the ad hoc committee whose creation is suggested in the text and which consists of three judges from the Supreme Court who were appointed by its first president,” Mr Louh  underlined

He also stressed that “in order to ensure coordination of the work of the judicial police and to avoid any interaction between the powers of the various bodies, the area of intervention of the judicial police linked to the intelligence services with its mission being limited to “offenses against the security of the State foreseen and suppressed by the penal code and which include the crimes of treason, espionage, terrorism and sabotage”.

On the other hand, the Minister of Justice presented the amendments to Organic Law No. 05-11 on Judicial Organization which states that “in anticipation of the institution of a court of appeal of judgments handed down by the military courts and in coordination with the Ministry of National Defense “, it is proposed to amend Article 19 of the Military Court by providing that the rules relating to the jurisdiction, organization and functioning of military courts are established by the Code of Military Justice.

This will allow “the establishment of military appeal courts independently of the appellations given in the military organic law,” concluded Mr. Tayeb Louh.