Kaddour Chouicha faced terrorism charges for his human rights activism

Kaddour Chouicha faced terrorism charges for his human rights activism

Kaddour Chouicha was vice-president of the now dissolved Ligue algérienne pour la défense des droits de l'Homme (LADDH), and is the national coordinator of the Syndicat des enseignants du supérieur solidaires. Since April 2021, he has been facing charges of terrorism and subversion related to his legitimate activities as a human rights defender. The case includes his wife, Jamila Loukil and Saïd Boudour, both journalists and members of the LADDH, as well as other peaceful activists involved in the "Hirak" protest movement. They were all acquitted on December 3, 2023.

Kaddour Chouicha was vice-president of the Algerian League for the Defense of Human Rights (LADDH), dissolved in 2022, and is the national coordinator of the teachers' union. He and his wife, Jamila Loukil, have been arrested several times in recent years.

In particular, Kaddour Chouicha was sentenced to one year's imprisonment on December 10, 2019, for publishing information prejudicial to public order, with a committal order in an immediate appearance procedure, two days before the presidential elections organized on December 12, 2019.

He was granted provisional release on January 7, 2020, before being acquitted on appeal on March 3, 2020.

On April 28, 2021, Kaddour Chouicha and his wife were arrested without warrant as they left the Oran Court of Appeal after attending a hearing in their joint trial for unauthorized assembly and disruption of a presidential candidate's meeting.They were both taken to a police station for questioning.

On April 29, 2021, the Oran public prosecutor charged Jamila Loukil, Kaddour Chouicha and Said Boudour with plotting against state security and undermining the integrity of national territory; propaganda likely to harm the national interest, of foreign origin or inspiration; and membership of a terrorist or subversive organization active abroad or in Algeria, on the basis of articles 77, 78, 87 bis, 87 bis 3, 87 bis 6 and 96 of the Penal Code. They were subsequently released on bail the same day. A dozen other activists and peaceful demonstrators arrested between April 23 and 27, 2021 were also prosecuted in this case.

In September 2021, their case was transferred to the anti-terrorist unit of the Sidi M'hamed court in Algiers.

Kaddour Chouicha was heard by the new investigating judge at the Sidi M’hamed court in Algiers on September 7, 2022. On the same day, the indictment division withdrew the charge of undermining state security, while maintaining the other charges.

In August 2022, Kaddour Chouicha was prevented from boarding his flight to accompany Jamila Loukil, who was due to travel to Geneva to take part in person in the pre-briefing session organized by the NGO UPR-Info on Algeria scheduled for August 31, 2022. This meeting was held in anticipation of the 4th cycle of the Universal Periodic Review (UPR). Jamila Loukil refused to leave alone, preferring not to leave her husband in the hands of the security services.

This incident appears in the Secretary-General’s Report 2023 on acts of intimidation or reprisal against those who cooperate with the United Nations in the field of human rights. It is also mentioned in a communication from the Special Procedures of the Human Rights Council dated February 16, 2023.

The trial of Jamila Loukil, Kaddour Chouicha, Said Boudour and the other defendants was scheduled for June 15, 2023, but has been postponed several times. On December 3, 2023, they were acquitted by the Dar El Beida court.

On June 15, 2023, several special procedures mandate holders expressed deep concern "about information received that the judicial system and its procedures appear to be being used in this case as a form of intimidation and harassment against a human rights defender and a journalist, recognised for their human rights work in Algeria."

The UN experts expressed concerns about the use of certain criminal provisions aimed at combating terrorism, in particular article 87 bis of the Algerian Penal Code, against human rights defenders.

It should be recalled that this provision, which includes in the category of terrorist act a wide variety of offences, collides with the principle of legal certainty, undermines the rights of peaceful assembly and freedom of expression, and imposes disproportionate penalties on acts that should not be dealt with by anti-terrorist legislation.

Timeline

December 3, 2023: The Dar El Beida court acquits Jamila Loukil and Kaddour Chouicha as well as the other defendants.
November 6, 2023 : Kaddour Chouicha's trial is postponed to December 3, 2023.
September 29, 2023 : Kaddour Chouicha's case is cited in the UN Secretary-General’s report on reprisals.
June 15, 2023 : The trial of Kaddour Chouicha is postponed to November 6, 2023; several special procedures mandate holders express serious concerns about the intimidation and harassment of Jamila Loukil and Kaddour Chouicha.
April 13, 2023 : MENA Rights Group raises the cases of Jamila Loukil and Kaddour Chouicha with the UN Secretary-General ahead of the 2023 annual reports on reprisals for cooperation with the UN.
December 2022: LADDH members learn on social networks that their organization has been dissolved in June 2022.
December 7, 2022 : the indictment division of the Sidi M'hamed court drops the charge of undermining the security of the State.
November 8, 2022 : the examining magistrate requests the dismissal of all charges against Jamila Loukil and Kaddour Chouicha.
August 2022: Jamila Loukil and Kaddour Chouicha are prevented from travelling to Geneva so that Jamila Loukil could participate in person in the UPR pre-session organized by the NGO UPR-Info on Algeria, scheduled for August 31, 2022.
June 29, 2022 : The Algiers Administrative Court orders the dissolution of the Algerian League for the Defense of Human Rights (LADDH) without informing its members.
September 2021: Jamila Loukil and Kaddour Chouicha’s case is transferred to the anti-terrorist unit of the Sidi M'hamed court in Algiers.
June 17, 2021 : several special procedures mandate holders send a communication to the Algerian government concerning allegations of judicial harassment against Jamila Loukil, Kaddour Chouicha and Said Boudour.
June 2, 2021 : Kaddour Chouicha and Jamila Loukil are acquitted on appeal of charges of taking part in an unauthorized rally and attempting to disrupt a presidential candidate's meeting.
April 29, 2021 : Kaddour Chouicha is charged with enlistment in a terrorist or subversive organization active abroad or in Algeria; he remains provisionally released.
April 28, 2021 : Kaddour Chouicha and his wife are arrested without warrant while leaving the Oran Court of Appeal after attending a hearing in their joint trial for unauthorised assembly and disruption of a presidential candidate's meeting. They were both taken to a police station for questioning.
April 4, 2021: Jamila Loukil and Kaddour Chouicha are arrested during a sit-in in solidarity with young Saïd Chetouane after he accused police officers of sexual violence.
December 21, 2020: Jamila Loukil and Kaddour Chouicha are acquitted on appeal of charges of taking part in an unauthorized gathering and attempting to disrupt the meeting of a presidential candidate.
November 5, 2020: Kaddour Chouicha is arrested near Oran prison while awaiting the release of prisoners of conscience. Initially prosecuted for “unauthorised assembly”, he was later accused of disregarding social distancing in the context of the COVID-19 crisis, and sentenced to a fine which he eventually got lifted.
March 3 2020: Kaddour Chouicha is acquitted on appeal by the Oran Court of Appeal.
January 14, 2020: Kaddour Chouicha is arrested again for no valid reason. The next day, he is brought before the public prosecutor, who decides not to prosecute him. He is immediately released.
January 7, 2020: Kaddour Chouicha is temporarily released for health reasons.
December 10, 2019: Kaddour Chouicha is sentenced to one year's imprisonment for publication of information prejudicial to public order, with a committal order. He is arrested the same day.
November 22, 2019: Jamila Loukil and Kaddour Chouicha are arrested and prosecuted for taking part in an unauthorized rally and attempting to disrupt a presidential candidate's meeting.
October 24, 2019: Kaddour Chouicha is briefly arrested during a sit in in solidarity with prisoners of conscience. His phone is confiscated.

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