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New criminal legislation could curtail rights

On 12 May 2025, Algeria’s National People’s Assembly (APN) adopted a new bill reforming the Code of Criminal Procedure. The bill was initially presented to Members of Parliament on 22 April 2025 by Minister of Justice Lotfi Boudjemaa. According to the Minister, the reform aims to simplify and modernize Algeria’s justice system by striking a balance between the State’s right to fight crime and the protection of rights and freedoms. He also claimed the bill aligns with international conventions ratified by Algeria and seeks to balance crime prevention with the protection of individual rights and freedoms.

However, the bill has sparked significant criticism from legal professionals and civil society actors who argue that several provisions undermine constitutional guarantees and international human rights obligations. Specifically, they warn that the Bill creates an imbalance of power between the prosecution and defence, particularly by expanding the authority of the judicial police and public prosecutor at the expense of the rights of the accused and their legal counsel, promoting direct appearances which might increase pre-trial detentions, which erode the right to a fair trial. These changes threaten the right to a fair trial, as protected under Article 41 of the Algerian Constitution and Article 14 of the International Covenant on Civil and Political Rights.

Although the bill has passed the lower house, it must still be reviewed and approved by the Council of the Nation before it can enter into force. If enacted in its current form, the legislation could significantly narrow the space for civil society by weakening judicial safeguards and increasing the risk of politically motivated prosecutions.

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