Swiss court supports decision to drop General Nezzar’s immunity

Switzerland’s federal court rejected an appeal brought by Algerian former defense minister Khaled Nezzar’s lawyers to declare unfit to try him for war crimes, France news agency AFP reported on Thursday.

“Switzerland’s Federal Supreme Court rejected Nezzar’s claim that he could not be tried outside his country for crimes he allegedly committed while serving as defence minister in the 1990s,” said AFP.

According to the same source, a two-day hearing was held on the basis of evidence given to the Swiss Association Against Impunity (TRIAL) by two victims of torture during Algeria’s civil war.

The Paris-based website “Dernières nouvelles d’Algérie” reported that the decision was made on November 8^th but the announcement was delayed until Friday.

This is Nezzar’s second lost bid. His first claim goes back to Jully 31^st when he brought an appeal to a criminal court in Switzerland to throw out the case.

The 75-year-old-former member of Algeria’s High Council of State was arrested in October 2011 when he was on a visit to Geneva. He was questioned about a complaint lodged by TRIAL. Two days later, he was released after he had committed to be at Swiss justice disposal if necessary.

The Algerian government’s and Nezzar’s personal lawyers claims of immunity were rejected by the court as was his claim that the court was interfering into Algeria’s internal affairs.

The prosecution would not have happened if Switzerland did not revise its legal system in 2011. Changes to its law were approved allowing penal prosecution for genocides and war crimes whatever the country in which those crimes were perpetrated.

The definitive reject of Nezzar’s appeal opens the way for him to be judicially prosecuted on charges related to war crimes and genocides he allegedly committed between 1992 and 1999.