Treatment of failed refugee claimants returned to Algeria; whether low-ranking police officers or members of the security forces would be subject to any reprisals from state authorities (2004 - March 2006) [DZA101152.E]

A December 2004 United Nations High Commissioner for Refugees (UNHCR) report, cited by the United Kingdom (UK) Home Office Immigration and Nationality Directorate, indicated that failed refugee claimants who are returned to Algeria "may face hostile treatment due to the Algerian's government perception that such persons may have been involved in international terrorism" (13 Dec. 2005).

The UNHCR, referring to "persons who have had prior links to Islamist movements," also stated that "there is a strong presumption that such persons may be subject to persecutory treatment upon return" (13 Dec. 2005).

No further information on the treatment of failed refugee claimants returned to Algeria, including whether low-ranking police officers or members of the security forces would be subject to any reprisals from state authorities, could be found among the sources consulted by the Research Directorate.

An article in The Guardian indicated that, in 2002, 55 of the 1,330 "failed asylum seekers" in the UK were returned to Algeria, while in April 2005, "nearly all [were] returned" (15 Apr. 2005).

In 13 December 2005 correspondence with the Research Directorate, an official with the Canada Border Services Agency (CBSA) indicated that:

At no point during the removal process are foreign authorities informed that an individual has made a refugee claim in Canada. To support a request for a Travel Document from a foreign embassy or consulate, a removal order is provided as it confirms the CBSA's legislative requirement to seek the cooperation of a foreign government in issuing a Travel Document. A removal order contains no information regarding an application for protection.

According to Mohammed Sekkoum, chairman of the Algerian Refugee Council in Britain, "more than 12,000 Algerians [have] returned to Algeria since the announcement [by President Abdelaziz Bouteflika] of the National Civil Concord in 1999" (El-Khabar 26 Jan. 2005). He added that, as of January 2005, there were 2,000 Algerians still living in Britain are waiting for "positive signs" to return to Algeria (ibid.). Those who returned to Algeria following the 1999 National Civil Concord policy "obtained passports and recovered some of their rights" (ibid.).

Human rights organizations, however, stated that returnees suspected of terrorism faced "abusive treatment, including torture" (HRW/Liberty 23 June 2005; see also AI 18 Apr. 2006). According to Amnesty International, the Algerian Department of Information and Security (Département du renseignement et de la sécurité, DRS), which operates outside of civilian authority, is behind many of the "secret detentions, ... torture and other ill-treatment" related to "alleged terrorist activity" (18 Apr. 2006; ibid. 23 Jan. 2006).

In February 2006, following the September 2005 referendum and adoption of the "Charter for Peace and National Reconciliation," the Algerian government enacted new laws (AI 23 Jan. 2006). Under the new "national reconciliation" laws, those charged with "alleged terrorist activity" and security forces personnel involved in human rights violations were made exempt from prosecution and 2,000 detainees were released (ibid.; ibid. 18 Apr. 2006). However, Amnesty International observed that the new amnesty laws not only fail to punish past violations, but also "include no effective safeguards against secret detention and torture" (ibid).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

References


Amnesty International (AI). 18 April 2006. "Algeria: Torture in the 'War on Terror' A Memorandum to the Algerian President." (AI Index: MDE 28/008/2006) http://web.amnesty.org/library/index/engmde280082006 [Accessed on 24 May 2006]

_____ . 23 January 2006. "Algeria: Fear of Torture - Nouamane Meziche (m), Aged 35, Joint Algerian and French National." (AI Index: MDE 28/001/2006) http://web.amnesty.org/library/Index/ENGMDE280012006?open&of=ENG-369 [Accessed on 24 May 2006]

Canada. 13 December 2005. Canada Border Services Agency (CBSA). Correspondence from an official.

The Guardian [London]. 15 April 2005. "The Bourgass Case." http://politics.guardian.co.uk/homeaffairs/story/0,,1460344,00.html [Accessed on 1 Mar. 2006]

El-Khabar [Algiers, in Arabic]. 26 January 2005. "Up to 12,000 Algerians Refugees Living in Britain Reportedly Return Home." (BBC Monitoring Middle East/Factiva)

Human Rights Watch (HRW)/ Liberty. 23 June 2005. "UK: Empty Promises Can't Protect People from Torture." http://hrw.org/english/docs/2005/06/23/uk11219.htm [Accessed on 1 Mar. 2006]

United Kingdom. 13 December 2005. Home Office, Immigration and Nationality Directorate (IND). Operational Guidance Note: Algeria. http://www.ind.homeoffice.gov.uk/ind/en/home/laws___policy/country_information/operation_guidance.Maincontent.0040.file.tmp/Algeria%20v1.0%20December%202005.pdf [Accessed on 1 Mar. 2006]

Additional Sources Consulted


Oral sources: The United Nations High Commissioner for Refugees (UNHCR), the Ligue Algérienne des droits de l'homme (LADH) and Association des droits de la personne au Maghreb did not provide information within the time constraints of this Response.

Internet sites, including: Advisory Panel on Country Information (APCI), Algeria-Watch, algerie-dz.com, Country Reports on Human Rights Practices 2005, European Country of Origin Information Network (ECOI), Factiva, Fédération internationale des Droits de l'Homme (FIDH), Freedom House, Le Jeune Indépendant [Algiers], Liberté [Algiers], Maghreb des droits de l'homme, El Moudjahid [Algiers], Norwegian Refugee Council (NRC), Le Quotidien d'Oran [Algérie], La Tribune [Algiers], United Nations High Commissioner for Refugees (UNHCR), US Committee for Refugees and Immigrants (USCRI), El Watan [Algiers], World News Connection (WNC).

Associated documents