Lawyer of girl born in mixed-marriage complains of Algeria High Court

Algeria’s High Court has committed a serious and unprecedented act by prematurely deciding in the guardianship of a 7-year-old girl born in mixed-marriage, according to an Algerian lawyer.

On February 13, the court rejected an appeal launched by Safia’s family against Jacques Sharlbook who claims to be her father.

“The High Court has not decided in a fatherhood case and directly jumped to a guardianship one,” said lawyer Fatma Zohra Ben Braham.

“We have to know that French Sharlbook has not proven that he is Safia’s father while an old new party in the case showed up. Mohamed Youcefi is still claiming his marriage with Khadija Ferh Belhocine, Safia’s mother.”

The lawyer said an appeal will be launched before the High Court in the fatherhood and marriage cases.

Asked about DNA testing, Ben Braham said Sharlbook refused to undergo that test. “On this basis, I am against to make a DNA tests on my client Mohamed Youcefi.”

“On the other hand, I ask to make such tests on Sharlbook because he said Safia was his daughter. He has to prove that by scientific evidence not by fake documents,” she told Echoroukonline.

Lawyer Ben Braham said she was surprised by a story published in French newspaper Le Monde in which it said Safia’s grandmother had sent a letter to UN Secretary General and informed him about her suicide attempt.

“The grandmother did not and will not expose her granddaughter to danger.”

“Sharlbook has to know that Safia speaks Arabic and French. She has excellent teachers in Algeria.”

Ben Braham said if the High Court rejects the appeal this time, she will lodge a complaint against the High Court to Algerian President Abdelaziz Bouteflika.

“If it is necessary, I will bring the case to international courts and judicial institutions.”

President Bouteflika was officially informed of the case via Algeria’s human rights body headed by Farouk Ksentini, Ben Braham said.

Asked about national support for Safia, the lawyer said a commission for supporting the Child Safia was set up on December 10th including State executives but there are new events on the international level.

“Safia’s aunt talked to Arab satellite channels regarding the case. Leader of Egyptian lawyers’ union Sameh Achour asked me to inform the union of more details about the case to support us.”

Gaza’s inhabitants made phone calls and sent SMS to say that they had forgotten about their embargo and prayed for Safia to stay with her grandmother in her Muslim country, according to lawyer Ben Braham.