Abolition of the death penalty receives mixed reception from Algerians
2008-10-23
Algerians have mixed feelings about capital punishment. For some it is against the right to life, but others say the right to life of victims of terrorism should be defended first.
By Achira Mammeri for Magharebia in Algiers – 23/10/08
 [Getty Images] One of Algeria's leading human rights organisations will submit a report to President Abdelaziz Bouteflika, asking for the abolition of the death penalty. |
One of Algeria's leading human rights organisations is preparing to submit a report to President Abdelaziz Bouteflika, asking for the leader to repeal the laws authorising capital punishment in Algeria's penal code.
The report, issued by the National Consultative Committee for the Promotion and Protection of Human Rights (CNCPPDH), will include a range of arguments supporting a ban on the death penalty, said lawyer and committee chairman Farouk Ksentini.
Capital punishment violates human beings' fundamental right to life, Ksentini said, and "has no dissuasive effect when it comes to criminality".
The report is expected to be on the president's desk by the end of the month.
Under Algerian law, treason, espionage, attempts to overthrow the government, destruction of property, massacre, child rape and terrorism are all crimes punishable by death. Nevertheless, the sentence has not been carried out since 1993, when seven terrorists were executed for their attack on the Algiers airport that left 40 people dead.
In 2001, President Bouteflika pardoned 116 prisoners sentenced to death but having no terrorist connections. Despite the moratorium on executions, Algerian courts continue to hand down death sentences, often in absentia in terrorism cases.
Human rights organisations and other advocates, including legislators, have long called for the suspension to be converted into an official ban.
In mid-October 2006, a draft bill on the matter was rejected almost unanimously in the Algerian Parliament.
Since then, however, positions in the legislature have changed.
The National Liberation Front (FLN) now believes that Algerian legislation should follow developments in society, and supports the "progressive abolition" of the death penalty.
In an attempt to bring Islamists on board, who bring religion to the argument, the Rally for Culture and Democracy (RCD) has repeatedly said that "the repeal of capital punishment is not contrary to Islam, since for this religion the sovereignty of life is the rule."
"Islam encourages forgiveness, grace and settlement without the death of a person. God is the only master who can give life to man," said representatives of another Islamist party, the Movement of Society for Peace (MSP).
The government has hinted on several occasions that it is likely to abolish the death penalty, but has never followed through.
Opponents of the proposed ban have stepped up their warnings in response.
"Abolishing the death penalty," said lawyer Ben Aicha, "would have negative repercussions on society and would open the door to impunity, which could result in more crimes."
Lawyer Bachir Menad used a column in El Khabar to warn the government not to "give in to foreign pressure."
Some Algerians agree on keeping the death sentence.
"I have some questions I’d like to put to these people," said 29-year-old university student Souhil, referring to supporters of the ban.
"You defend the right to live for terrorists who have killed innocent people. But who will defend the right to live of the dead, the children whose throats have been cut, the families which have been wiped out, the women who have been raped, the unborn children who have never seen the light of day because men have decided it should be so, against the will of God?" he asked.
According to Amnesty International, Algeria has executed 217 prisoners since independence in 1962. Current figures suggest there are nearly 200 prisoners waiting on death row in Algerian prisons.
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Dziri58 Posted 2008-10-23
Algeria should never give in to these supporters of the ban influenced by outside foreign NGOs with hidden Agendas. They have been barking on for ever on these issues, but they never seem to bother super powers like the USA or China who carry on regardless of what these NGOs or the EU countries think or say. I live in the United Kingdom and i can assure you that the opinion polls show that on average 60% of the population are for the re-instatement of the death penalty, as the majority of the people are simply sick and fed up of hearing of these atrocious murders committed by pedophiles and serial killers, not forgetting terrorists who murder blindly and without prejudice any civilians in their way. Islam teaches us to be merciful and forgiving but also teaches us to seek justice for the victims, the poor and the oppressed. You can forgive someone who in a moment of anger, provocation, self defence or by carelessness takes a life, but how can you possibly forgive someone who willfully, volontarilly and repeatedly carry out premeditated murders on innocent victims, civilians or children, or someone who commit genocides, etc...?
Toufik Posted 2008-10-23
A decent measure, that will appease families of victims, would be to first execute all those in death row, especially those accused of terrorism, then ban the death penalty.
محمد Posted 2008-10-23
It is needless to say that human rights are stumbled over when law is implanted on a criminal. There are some sick cases which are only fit for cauterization or amputation of a member of the body according to the case. If violence should be practised against some people so that others live in safety, there is no opposition to that. But executing innocents is not acceptable… of course. Only criminals and traitors should be executed. If this is carried out, it should be in front of everyone to give lessons to others and to make others repent. Democracy, human rights and such words are useless with a people who inherited violence and cruelty after suffering the hardships of the oppressive colonization. Western recipes such as psychology aren’t good for the Arab patient, why? This is because the composition is different. The Arab is of a special composition. He is quietened only by the whip. The Arab proverb says buy the slave and the whip with him. We rebelled, demonstrated and revolted against our rulers because they have adopted democracy and human rights in their laws and attitudes towards us. It is an error and sheer error. If they were hard and tough in their attitude towards us, things would have been much better. It is coddling which spoils males. They weren’t harsh with us. This is why we have become as we are. We reject, insult, protest, claim…My God rest the soul of the leader Saddam Hussein, the remarkable leader who made of Iraq master of Arab countries in all fields. He knew how to act and manage. He knew how to ruler and knew those he ruled. They are Arabs of Iraq, they are like other Arabs. Only the respectable Saddam style is good to educate them.
nadjib bezoubiri Posted 2008-10-24
I am a university student specializing in law. I think that the abolition of the death penalty is an exaggeration given the crisis witnessed by Algeria in a decade.
gabriel Posted 2008-10-29
Abolishing the death sentence in Arabic countries in particular means encouraging criminals to commit more crimes than they did and for which they weren’t accountable including killing, robbery, kidnapping, falsification, intimidation, terrorizing, plotting and many, many other crimes. I think that those who oppose the death sentence have some goals and aims. Death sentence is for the killer. He should be killed. The hand of the robber is cut. Eye for eye, tooth for tooth and the initiator is more unjust. If you want to go contrary to religion, you are not Muslim. Or how do you explain this?
Rachid Posted 2008-11-13
Do you think it is more humane to rot your whole life away in a prison or suffer death by firing squad?
Anonymous Posted 2009-03-17
We shouldn’t say more than this : 1- the criminal who commits a crime punishable by a death sentence doesn’t care about life. He was not compassionate for himself from this sentence. So on which reason are you compassionate for him, aren’t you thinkable? 2- Algeria during the black decade lost dozens of thousands of its dear sons who were innocent. Their blood has not yet dried. So how do you seek life for a murderer criminal or traitor to his country in the dry gardens of law? The poet said: The thief of roses is despised and loathed while the killer of souls is not known by humans. 3- Does Algeria suffer of a drop in the rate of fertility and population density in order to fill the gap on the detriment of public rights? No, the truth is that the growth rate is very high to the point that some sentence themselves to death and put an end to their lives as a result of their conditions. If the death penalty is removed, it will be substituted by suicide. 4- Why do we reject evidence from the Qur’an and Sunna since the order is clear in them but consciences are dead? Finally, those who support this project might be planning to drown this country again. God is the assistant.
Elaiche Siad Posted 2009-07-27
After 7 answers let me say I am in favor of death penalty , though I believe every effort should be made to make sure the person is 100% guilty and I also believe in insanity defense. I also believe that when there is absolute certainty they are guilty, no freaking appeal, from the back door of the court house straight to the gallows. Now you have a deterrent. Let us say Someone stole 10K Dinars from you once, you definitely would send them to the police, so I'm sure if someone close to you was murdered, you would want them executed. However, in Europe and USA, many men who had been on death penalty for years have now been exonerated through DNA, so I would say only in a case where it can be proven 100% through DNA that they are guilty. I also think that any time DNA could possibly clear somebody, it needs to be checked. If a person is 100% guilty, I don't feel bad executing that person, but I feel bad for their family. They are somebody's child, parent, spouse, sibling…etc
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