On the eve of November 1st, the Algerian President, Abdelmadjid Tebboune, signed two presidential decrees granting pardons to more than 4,000 prisoners on the occasion of the 70th anniversary of the start of the independence war.
The first decree pertains to pardons for those definitively convicted in common law cases, while the second decree relates to cases of public order disturbances.
This announcement renewed hope among relatives of so-called “opinion detainees,” activists, and journalists arrested during and after the Hirak, the popular movement that toppled the Bouteflika regime in 2019.
It wasn’t until the end of the day that the news was confirmed: indeed, about twenty “opinion detainees” were pardoned and released.
Among the most well-known opinion detainees is journalist and media mogul Ihsane El Kadi, arrested in December 2022 and sentenced on appeal in June 2023 to seven years in prison, of which five are firm, for “foreign funding of his company” with the aim of “engaging in activities that could threaten the security of the state.” The justice system also ordered the dissolution of his company Interface Médias, which oversees his two media outlets, Maghreb Émergent and Radio M. His lawyers, along with NGOs defending him like RSF, emphasized the lack of substance in the prosecution’s case.
Political Background Accusations
“There is no document in the judicial file proving that Ihsane El Kadi or Interface Médias received funds from foreign entities or individuals,” explained one of his lawyers, sent from London by Ihsane El Kadi’s daughter, who is also a shareholder in the media group. RSF had noted that “[Ihsane El Kadi’s] arrest in 2022 came a few days after writings on Algerian politics – notably an article on the upcoming presidential election and a tweet contesting figures cited by the authorities. This was followed by the post-hoc creation of a semblance of an accusation file.”
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Not covered by this presidential pardon, two other journalists, Omar Ferhat and Sofiane Ghirous from the site Algeria Scoop, were released. They had been in provisional detention since June 2024 for “publishing a video on their media showing young Saharans complaining about marginalization,” according to RSF. For RSF’s representative in North Africa, Khaled Drareni, who himself was imprisoned between 2020 and 2021, “there are no longer any journalists imprisoned in Algeria today.”
The case of media tycoon Mohamed Mokaddem, better known by his pen name Anis Rahmani, owner of the Ennahar media group, remains. He was sentenced in September 2022 to ten years in prison for “misuse of funds” from one of his group’s subsidiaries, along with charges of “violation of foreign exchange regulations, influence peddling for undue advantages, and false declarations.”
Creating an Atmosphere of Reconciliation
Among other pardoned “opinion detainees” is Mohad Gasmi, a human rights and environmental activist from the south of the country, imprisoned since 2020 for “apology for terrorism,” “insulting a constituted body,” and “publishing secret information.” Another well-known detainee is Mohamed Tadjadit, an Algerian activist nicknamed the “poet of the Hirak,” convicted of “apology for terrorism” and “using communication technologies to support actions and activities of terrorist organizations.”
These releases, about twenty out of two hundred “opinion detainees” according to NGOs, “constitute a good gesture and a step in the right direction to create an atmosphere of reconciliation, restore trust between society and state institutions, and pave the way for comprehensive national dialogue,” said the Socialist Forces Front (FFS), while hoping “that these measures extend to all opinion detainees, especially the activist Mohammad Baba Nadjar, unjustly imprisoned for nearly 19 years, and also extend to the repeal of all laws restricting freedoms, particularly Article 87 bis and the excessive use of preventive detention.”
The amendment to Article 87 bis of the Penal Code expanded the definition of terrorism, adding two new parameters: “seizing power or changing the system of governance by unconstitutional means” and “undermining the integrity of the national territory or inciting to do so, by any means whatsoever.”
The Rally for Culture and Democracy (RCD) also hopes that “this victory in the fight against arbitrariness and the trampling of fundamental rights will be the prelude to hope for a future of freedom, free debate, and sincere and constructive dialogue with and among Algerians to steer the country out of its deadlock.”
Regarding the Workers’ Party (PT): “This positive development strengthens us, as we have never lost hope, tirelessly advocating to the Presidency of the Republic for the release of all political and opinion detainees and other victims of unfounded judicial decisions.”
A first wave of prisoner releases marked the beginning of Abdelmadjid Tebboune’s term in 2019, before that window closed. Authorities, for the record, reject the terms “opinion detainees” or “political detainees,” asserting that these individuals are prosecuted for common law offenses.
However, according to the daily El Khabar, “observers believe that the pardon measure could prelude national dialogue [announced by Tebboune the day after his reelection last November], scheduled for late 2025 or early 2026, as a sign of reconciliation.”
