Algeria: Deep Concern Over the Continued Harassment of Human Rights Lawyer Mourad Zenati

Full statement:

The organizations “Lawyers for Lawyers”, “Raies for Human Rights”, “The Law Society of England and Wales”, and “The Human Rights Institute of the International Bar Association” express their deep concern about the arbitrary travel restrictions imposed on the Algerian lawyer Mourad Zenati.

Mr. Zenati is a prominent human rights lawyer and a member of the “Defense of Hirak Detainees”, a group of lawyers formed after the first wave of arrests of peaceful Hirak demonstrators in 2019. The lawyers in this group aim to defend those detained, arbitrarily prosecuted, and held in custody, but they have faced increasing harassment from the authorities in recent years. In April 2024, several of our organizations issued a joint statement highlighting our concerns about the growing targeting of lawyers in Algeria.

On August 9, 2024, Mr. Zenati was prevented from leaving the national territory at the Oum Teboul border crossing, due to a travel ban issued on December 1, 2022, by the Amizour Court in Bejaia. Mr. Zenati was not informed of the court order and remained unaware of the restrictions until his attempt to travel.

Our organizations are concerned that this travel ban was imposed on Mr. Zenati due to his professional duties and his association with the defense of Hirak detainees. This is not the first instance of harassment faced by Mr. Zenati. In June 2022, he appeared before the prosecutor at the Bejaia Court and was charged under the Penal Code with “undermining national unity” (Article 79) and “incitement to an unarmed gathering” (Article 100) due to his Facebook posts. While these charges remain pending and he has not been brought to trial to this day, the proceedings highlight a pattern of intimidation. The UN Special Rapporteur on the situation of human rights defenders has identified judicial harassment and travel restrictions as key patterns of abuse used to suppress human rights defenders in Algeria, in addition to the dissolution of key human rights organizations, intimidation, and surveillance. As a state party to the International Covenant on Civil and Political Rights (ICCPR), Algeria is obliged to ensure the right to freedom of movement. Any restrictions on this right, including the freedom to leave any country, should not be imposed arbitrarily and must meet the requirements of necessity and proportionality as set out in Article 12(3) of the ICCPR and be consistent with other rights recognized in the Covenant. We are concerned that the restrictions on Mr. Zenati’s freedom of movement are arbitrary, do not meet the requirements of necessity and proportionality, and conflict with other rights, including freedom of expression and association.

Moreover, under Principle 16 of the United Nations Basic Principles on the Role of Lawyers (Basic Principles), lawyers must be able to perform all of their professional functions without intimidation, hindrance, harassment, or improper interference; they must not be subject to, or threatened with, prosecution or administrative, economic, or other sanctions for any action taken in accordance with recognized professional duties, standards, and ethics. Principle 18 further upholds the principle that lawyers should not be identified with their clients or their clients’ causes.

It appears that the travel ban imposed on Mr. Zenati violates the UN Basic Principles as it constitutes a form of harassment and further interference due to his human rights work and the legal services he provided as a member of the Hirak Detainees’ defense. Therefore, the undersigned organizations urge the Algerian authorities to:

1. Lift the travel ban and cease harassment of Mr. Zenati and any other members of the legal profession.
2. Ensure that Mr. Zenati’s freedom of movement is not arbitrarily restricted in accordance with international law, and enable him to carry out his professional activities without fear of retaliation and free from undue interference.
3. Take all necessary measures to ensure that lawyers in Algeria are not harassed because of their work, including ensuring they are not identified with their clients or their clients’ causes.

Signatories:

• Lawyers for Lawyers
• Raies for Human Rights
• The Law Society of England and Wales
• The Human Rights Institute of the International Bar Association