“We are outraged by the Algerian government’s practice of silencing a political protest movement by arbitrarily arresting and detaining individuals who dare to speak out,” UN experts said in a joint statement on Monday, September 30, 2024.
“We are deeply concerned about the continued detention of Ms. Djamila Bentouis, who was sentenced in July to two years in prison and a fine of 100,000 Algerian dinars for her participation in the Hirak social protest movement,” they added, calling for the annulment of the prison sentence and the acquittal of the poet of all charges.
According to human rights defenders, the criminal charges brought against Ms. Bentouis appear to be directly linked to the exercise of her right to freedom of expression, including artistic expression.
“We call on the Court of Appeal to quash her conviction and acquit her of all charges against her, which are contrary to international law,” they said.
Through her patriotic poems and songs, Ms. Bentouis participated in the Hirak, an Algerian movement of political and socio-economic protest that began in 2019 following the end of President Abdelaziz Bouteflika’s term. Her texts were taken up by Algerian demonstrators.
Ms. Bentouis has also recorded some songs about the Hirak, which have been widely shared on social media, and has a habit of reciting her poems publicly in Paris.
“When an artist expressing herself on public affairs is wrongfully convicted of deliberately disseminating false or malicious news to the public, likely to harm security or public order, a clear deterrent effect on the entire population is sought,” the experts said.
They recalled that the September 2023 report of the Special Rapporteur on the freedom of peaceful assembly and association on her visit to the country had expressed concern about the continued repression and intimidation of individuals and associations critical of the government, including the Hirak movement, and also included specific recommendations to drop charges and pardon those convicted for exercising their legitimate rights.
The experts also expressed concern about the initial charges of undermining the integrity and security of the state and belonging to a terrorist entity.
The prosecution of Ms. Bentouis for terrorism under Article 87 bis and other offenses related to national security in the criminal code would undermine freedom of expression and association in Algeria more generally, which could particularly affect the arts and culture sectors, Algerians living abroad, and civic space as a whole, the experts argued.
“We sincerely hope that Algeria will respect its international obligations regarding the right to freedom of expression when deciding on appeal in this case before the Algiers Judicial Council on October 2,” they concluded.
The experts said they had communicated with the Algerian government about Ms. Bentouis’ case and were still awaiting a response.
- The experts who signed this statement are Alexandra Xanthaki, Special Rapporteur in the field of cultural rights; Irene Khan, Special Rapporteur on freedom of opinion and expression; Gina Romero, Special Rapporteur on the rights to freedom of peaceful assembly and of association; Ben Saul, Special Rapporteur on the promotion and protection of human rights while countering terrorism.
In essence, this statement from UN experts condemns the Algerian government for detaining poet Djamila Bentouis for her participation in the Hirak protest movement. They argue that her conviction is a direct attack on her freedom of expression and is contrary to international law.
