(Original Alert Message Below This)
AI Index: MDE 28/004/2008
Rabah Kadri was released without charge on 27 April, at about 1pm. He had been held incommunicado for 12 days. He was able to go to his parents, who live in Algiers, and is staying with them. He is no longer at risk of torture or other ill-treatment.
He was detained by plainclothes security officers on 16 April, when he arrived in Algiers after being deported from France.. He did not know where he was held; he is believed to have been in the custody of the intelligence agency Department for Information and Security (Département du renseignement et de la sécurité, DRS) in one of the unofficial detention centres they operate in Algiers.
Rabah Kadri told Amnesty International that he was treated humanely. He was interrogated about the activities which had led to his conviction and prison sentence in France. He also said that he was asked to sign a statement saying that he had been treated well before he was released. People who have just been released by the DRS are very cautious when speaking about how they have been treated, in case any criticism of the authorities leads to repercussions.
Rabah Kadri also complained about the way he was treated in France upon release from the Val de Reuil prison on 14 April. He said that he was taken to a police station and made to spend the night locked in a small, dirty and smelly cell. The following day, he was taken by plane to the southern city of Marseille, where he was put on a boat to Algiers. He said he was also locked up in a cell during the boat journey.
No further action is requested from the UA network. Many thanks to all who sent appeals.
Urgent Action Alert: Rabah Kadri - ‘Disappeared’ in Algeria – 16 April 2008
Background
Rabah Kadri was arrested in the United Kingdom in 2002, in relation to an extradition request from France on terrorism charges. The charges for Rabah were based upon extremely circumstantial evidence that would be unlikely to be accepted in a British Court. The allegations by France were that -
- Fingerprints were found at a flat in Germany, which they say are Kadri’s, whilst another individual was arrested.
- Evidence from telephone intercepts
- An assertion by an informant that he made statements “highly critical of France”.
Obviously, a formulated charge based on the evidence above would be vigorously defended in a British court. However, the British courts ruled that the court is “not concerned with proof of the facts.” Whilst this ruling was taking place, Rabah Kadri was tried in absentenia in France and sentenced to six years and extradition from French territory at the conclusion of the sentence.
After being extradited in 2006, Rabah did not seek a retrial after being advised by his lawyers that he would be held in prison longer than the existing sentence whilst awaiting a retrial.
He was then deported to Algeria after serving this sentence on 16th April 2008. Since this time, there has been no news from him and no information provided to his family or friends. On the morning of his arrival his father was told to report to the police station, where an officer requested confirmation of his son’s nationality and identity. Since this, no news has been received about Rabah Kadri’s whereabouts.
The overriding fear is that the DRS, Algerian military security, are holding him incommunicado, illegally, and subjecting him to torture. It is well-documented that Algeria commits such crimes. Between the periods of 1992-1998, thousands of disappearances occurred, many later attributed to the security forces. Indeed, they often announce that they are no longer holding a prisoner, when the opposite is the case. This was confirmed in the report “Enforced Disappearances in Algeria”, published by Human Rights Watch.
Actions Required
Algeria has still not provided even one scrap of information indicating where Rabah Kadri is being held, if he is being held, or indeed whether he is even alive. His family is extremely concerned, and desperately need the help of campaigners to find out as soon as possible.
Please write to all the individuals below, enquiring as to Rabah Kadri’s whereabouts, why he is being held and demand that they allow him contact with his family and legal representatives.
Abdelaziz Bouteflika
Président de la République
Présidence de la République
El MouradiaAlger,
Algeria
Salutation: Your Excellency/Excellence
Fax: +213 21 609618/ 691595
E-mail:
president@el-mouradia.dz
Tayeb Belaiz
Ministre de la Justice
Ministère de la Justice
8 Place Bir Hakem
16030 El BiharAlgerAlgeria
Salutation: Your Excellency/Excellence
Fax: +213 21 922956/ 921701/ 925557
E-mail:
belaiztayeb@mjustice.dz
Sample Letter
Dear <NAME>,
I write with concern that an Algerian citizen, Rabah Kadri, was deported to Algeria by France on 16th April and since arriving in Algiers, has not been heard of nor seen since.
His family has not been informed of his whereabouts, despite his father being requested to appear at a police station that same morning to confirm Rabah’s nationality and identity. Rabah Kadri has rights under Algerian Law, particularly article 51 of the Algerian code of Criminal Procedure, that he may contact his family when detained.
Algeria is also party to human rights legislation which it is currently attempting to demonstrate to the British Authorities and public that Algeria does not practice torture, ill-treatment and has a transparent justice system. As a British citizen reading about Rabah Kadri’s disappearance, I remain wholly unconvinced.
I demand that you immediately make Rabah Kadri’s whereabouts known to his family, legal representatives, and allow him to seek medical treatment.
I look forward to hearing from you in due course.
Regards,
<NAME>
