Algerians linked to protests 'forgotten' in pre-trial detention

Many detainees are not considered part of the political opposition, and lawyers who provide support to the anti-government protest movement will not represent them

Algerian policemen detain protesters after they demonstrated at Emir Abdelkader square in the capital Algiers. AFP

Dozens of Algerians linked to the country's anti-government protest movement remain "forgotten" in pre-trial detention during the coronavirus crisis, with little or no legal support.

Zinedine Hanane, 32, was arrested on March 1, 2019, in Algiers while returning from a demonstration, after two people from his neighbourhood allegedly got into a car with him.

One of them, a TV repair man, said he found a plasma television on the street after an appliance shop had been looted and took it for spare parts. All three men were arrested and accused of vandalism.

The protest movement "and the justice system have forgotten them," Mr Hanane's mother Zakia said. "And with the coronavirus, they are paying a high price for this - it's a double whammy even before judgement."

Detainees like Mr Hanane often aren't considered part of the political opposition, and many lawyers who provide support to the anti-government protest movement - known as "Hirak" - will not represent them.

Some are alleged to have been involved in disputes, thefts and looting on the margins of the protests that broke out in February 2019 against the rule of president Abdelaziz Bouteflika, who resigned last year.

Some of those now detained came from outside the capital Algiers, the epicentre of the movement, and their families often struggle to find the money for lawyers.

Some have remained in jail while watching Hirak protesters be freed or sentenced to terms no longer than time already served.

Zakia and other mothers of detainees have formed a support group to share their hardships and help each other in their fight for their children's freedom.

Although the authorities say there have been no cases of the novel coronavirus within the country's penitentiaries, relatives' anguish has increased with the pandemic and prison visits have been cancelled.

"Pre-trial detention is a powerful weapon in the hands of those who criminalise political, union and community activity - and now, members of the Hirak," said Kaddour Chouicha, a human rights activist and former protest movement detainee from the northwestern city of Oran.

The justice ministry was unavailable for comment on the exact number of people in pre-trial detention. Algerian authorities have consistently avoided commenting on the matter.

Civil society NGOs are split on whether many of those detained in connection with the demonstrations are prisoners of conscience or not - but agree they should not be in preventive detention.

Hakim Addad, a former prisoner and activist with civic group Youth Action Rally (RAJ), a key part of the protest movement, said most Hirak lawyers have treated this group of prisoners as common-law detainees.

That is despite the fact they have been jailed over incidents linked to the demonstrations.

Some Hirak attorneys have refused to defend them, citing "professional secrecy" to conceal the reasons for the prisoners' detention, said Lydia Lounaouci, a lawyer from the northeastern city of Bejaia.

On Thursday, Yazid Hadou, a protester from the northwestern city of Tlemcen arrested on charges of fighting with a municipal officer, was released after six months of detention, his brother Hami said.

But it was a day of mixed emotions for the father of a young child, who returned home to learn of the death of his own mother.

Hami Hadou said their mother had been sick and had reacted badly to news of his imprisonment.

He had not dared tell his brother of her death while he remained behind bars.

Upon his release, Mr Hadou "went straight to the cemetery to pay his respects at her grave", he said.

Preventive detention had become the rule rather than the exception even before the protest movement started, lawyers and human rights activists say.

But the Hirak protests made this legal tactic more visible.

Rights activists say that over a thousand people - both those connected with the Hirak movement and others - are in prison awaiting trial, despite recent presidential pardons.

RAJ activist Mr Addad remembered a 23-year-old man he had met in jail, whose only family member was a brother.

He "has been in pre-trial detention for 18 months because of a brawl. He doesn't have the money to pay a lawyer," he said.

Some 20-30 per cent of detainees in the capital's El Harrach prison are in pre-trial detention, Mr Addad said.

"That's unacceptable. Some spend months in prison before being acquitted," he added.

Those hit hardest by preventive detention, rights activist Mr Chouicha said, were the isolated and impoverished, locked "in an unfair confrontation with the real face of repression".

He recalled meeting a man in Oran prison who had been awaiting trial for six years on drug-related allegations.

"They don't know the mechanisms, or the people to contact. They have no money. Their families don't know who to turn to," he said