Algerian poet Mohamed Tadjadit arbitrarily detained since January 2024

Algerian poet Mohamed Tadjadit arbitrarily detained since January 2024

Mohamed Tadjadit is a human rights defender and renowned poet. Known for his poetic texts in Darija, he is a leading figure among the young people active in the Hirak movement. Since his involvement in the Hirak, Tadjadit has been subjected to judicial harassment, which began in November 2019. Since then, he has been imprisoned five times. He was last arrested on January 24, 2024. His trial has been scheduled for the next criminal session, which begins in October 2024. All the legal proceedings brought against him relate to his rights to freedom of expression and peaceful assembly.

Mohamed Tadjadit is a human rights defender and renowned poet. Known for his poetic texts in Darija (Algerian Arabic), he is a leading figure among the young people active in the Hirak movement. Since his involvement in the Hirak, Tadjadit has been subjected to judicial harassment, which began in November 2019. Since then, he has been imprisoned five times.

He was first arrested on November 11, 2019, outside the Sidi M’Hamed court in Algiers during a sit-in in solidarity with prisoners of conscience. On November 14, 2019, the investigating judge at the Sidi M'Hamed court ordered his pre-trial detention for “exposing to public view publications likely to harm the national interest” under article 96 of the Penal Code.

On December 19, 2019, he was sentenced by the Sidi M’Hamed court to 18 months’ imprisonment. No prisoner of conscience linked to the Hirak had received such a harsh sentence at that time. On January 2, 2020, he was released under a presidential pardon. On March 12, 2020, his sentence was reduced on appeal to a one-year suspended prison sentence.

On August 23, 2020, Tadjadit was arrested once more during a search of his family home in Harraoua. After four days in police custody, on August 27, 2020, the investigative judge at the Bab El Oued court ordered his pre-trial detention, along with two co-defendants, on ten charges, including “exposing to public view publications likely to harm the national interest” and “inciting an unarmed gathering”, under articles 79, 96, 98, 100, 144, 144 bis, 196 bis and 290 bis of the Penal Code. That day, Tadjadit went on hunger strike to protest against the arbitrary nature of his detention, which lasted until his trial.

On January 21, 2021, his trial took place before the Bab El oued court, where Tadjadit was sentenced to six months’ imprisonment, two of them suspended. Having served his sentence, he was released the same day.

On April 4, 2021, Tadjadit was arrested again after being informed that a police officer had sexually abused a teenager while he was in custody following his participation in the protest that took place on April 3, 2021. The minor was reportedly released in a state of shock and trauma due to the alleged abuse. Mohamed Tadjdit and another activist have filmed his testimony and posted it on social media, including Facebook, causing consternation among the public and a debate on the issue of mistreatment of detainees on the premises of various security services. On April 8, 2021, after four days in police custody with four other people, they were brought before the prosecutor of the Sidi M'hamed court without the presence of their lawyers.

They were charged with “insulting a public servant”, “defaming the judiciary”, “publishing fake news”, “corruption of a minor”, and “incitement of a minor to debauchery” under articles 144, 146, 196 bis, 326, and 342 of the Penal Code.

On March 29, 2022, Tadjadit was sentenced to two years' imprisonment by the Sidi M'hamed court. On July 27, 2022, his sentence was reduced on appeal to 16 months' imprisonment. On August 7, 2022, Tadjadit was released after serving his sentence.

On October 26, 2022, the Working Group on Arbitrary Detention (WGAD) described his detention as arbitrary. The WGAD also concluded that Tadjadit and his four co-defendants were arrested and convicted for acts related to their right to freedom of expression.

On October 24, 2022, Tadjadit was arrested for a fourth time. He was held in police custody for three days. On October 27, 2022, he was charged with “publication of misleading information”, “exposing to public view publications likely to harm the national interest” and “incitement to unarmed assembly” on the basis of articles 96, 100 and 196 bis of the Penal Code. The same day, the investigative judge of the Sidi M'Hamed court ordered his pre-trial detention. On November 6, 2022, the Indictments Division of the Algiers Court accepted the appeal against the committal order, quashed the investigating judge's order and decided to release Tadjadit on bail.

After his release, Tadjadit continued to be the victim of intimidation and harassment by the security services. He and his family home were under 24-hour surveillance. During the year 2023, Tadjadit was arrested three times: on January 2, April 4, and August 20. However, once he was brought before the court, he was released provisionally each time.

Regarding his arrest on April 4, 2023, he was later charged with “exposing to public view publications likely to harm the national interest” and “inciting an unarmed gathering” under articles 96 and 100 of the Penal Code.

On January 29, 2024, Algerian authorities arrested Mohamed Tadjadit at his home in Algiers. That same day, he was taken to the Rouiba police station, then transferred to the Algiers wilaya security force. He was arrested and questioned following a complaint lodged by the head of the Treasury's judicial agency, a government body, because of his criticism of the government.

On January 31, 2024, he appeared before a prosecutor and investigative judge at the court of Rouiba, in Algiers, without the presence of a lawyer, to be questioned in connection with charges of “glorification of terrorism” and “using communication technologies to support the actions and activities of terrorist organizations”, pursuant to articles 87 bis 4 and bis 12 of the Penal Code.

The charges against Tadjadit are based on private conversations he had on Messenger in 2021 and earlier with members of Rachad. These conversations took place before the amendments to the Penal Code and the classification of this organisation as a terrorist organisation, as well as the inclusion of 16 people on the list of people classified as “terrorist persons” published in the official gazette on February 27, 2022.

Following the investigating judge’s decision to place Tadjadit under a committal order, he was transferred to the El Harrach prison.

On July 23, 2024, Tadjadit was sentenced to six months' imprisonment by the Bab El Oued court in connection with the case for which he was arrested on April 4, 2023 in Azfoune, in the wilaya of Tizi Ouzou. He was convicted under articles 96 and 100 of the Penal Code of “exposing to public view publications likely to harm the national interest” and “inciting an unarmed gathering”. His appeal is set for September 25, 2024.

In the case relating to his latest arrest, his trial was scheduled for July 18, 2024, but was postponed on the same day to the next criminal session, which will begin in October 2024.

The latest case against Tadjadit is one in a long line of prosecutions directly related to the peaceful exercise of his fundamental human rights. It also illustrates the Algerian authorities' abusive use of terrorism charges to prosecute people who wish to express critical opinions. As a result, MENA Rights Group sent an urgent appeal to several UN special procedures mandate holders regarding the situation of Mohamed Tadjadit on July 24, 2024.

Timeline

July 24, 2024: MENA Rights Group sends an urgent appeal to several UN special procedures mandate holders regarding the situation of Mohamed Tadjadit.
July 23, 2024: Tadjadit is sentenced to six months' imprisonment by the Bab El Oued court in the case linked to his arrest on April 4, 2023.
January 24, 2024: Tadjadit is arrested for a fifth time.
October 26, 2022: The Working Group on Arbitrary Detention (WGAD) describes Tadjadit’s detention as arbitrary.
October 24, 2022: Tadjadit is arrested for a fourth time before being provisionally released on November 6, 2022.
August 7, 2022: Tadjadit is released after serving his sentence.
July 27, 2022: Tadjadit’s sentence is reduced on appeal to 16 months' imprisonment.
March 29, 2022: Tadjadit is sentenced to two years’ imprisonment.
April 4, 2021: Tadjadit is arrested for a third time after broadcasting a video in which a minor claims to have been a victim of sexual assault by the police.
January 21, 2021: Tadjadit is sentenced to six months’ imprisonment, two of them suspended. He is released the same day.
August 23, 2020: Tadjadit is arrested a second time before being prosecuted on 10 counts including “undermining national unity”, “inciting an unarmed gathering”, “offending the President of the Republic” and “disseminating false news”.
January 2, 2020: Tadjadit is released by a presidential pardon.
December 19, 2019: Tadjadit is sentenced by the Sidi M’Hamed court to 18 months' imprisonment for “undermining national unity”.
November 11, 2019: Tadjadit is arrested for the first time before being charged with “exposing to public view publications likely to harm the national interest”.

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