No Longer Capable of Governing, Algeria’s Thug Regime Legalizes State Terrorism

A draft law currently before the Algerian Parliament is setting off alarm bells among lawyers, human rights defenders, and civil society organizations, who warn it would drastically shift the justice system in favor of unchecked state power, and leave Algerian citizens defenseless.

Presented by Minister of Justice Boujemaa Lotfi, the new Code of Criminal Procedure, which has not been covered on state media despite having major and profound consequences on Algerian’s lives, is marketed as a “modernization” effort. But legal experts argue that in reality, it threatens to turn Algeria into a full surveillance state where defense rights, presumption of innocence, and judicial transparency are gutted.

Members of the Algerian Parliament currently handling the draft Code of Criminal Procedure. Despite his prominent presence in state propaganda media, Hichem Sifer, center, President of the Commission on Legal Affairs, Administration, and Freedoms, has remained silent on this highly controversial project, signaling a deliberate suppression of public debate and a growing awareness of the dangerous provisions buried in the law. Left: Bougtoucha Zakia, Vice-President of the Commission. Right: Rachid Miloudi, Rapporteur of the Commission.

At the heart of the issue are key articles of the proposed law that, taken together, dismantle fundamental protections:

1. They can spy on your private calls, and break into your home. Article 100 authorizes prosecutors to intercept your phone calls and install hidden microphones or cameras inside your home, without your consent. For example: You call a friend from your living room to complain about rising prices. Under the new law, the police could secretly record your conversation , or even break into your home to plant listening devices , without you ever knowing.

2. They can freeze your bank accounts without charging you: Article 49 bis 1 allows prosecutors to freeze your accounts and seize your assets during a preliminary investigation based only on “strong suspicion,” without formal charges. For example: Someone accuses you of “economic crimes.” You wake up one morning and find your bank card declined at the supermarket , no trial, no judge, no defense.

3. They can publish your name and photo online, even if you’re innocent: Article 19 lets prosecutors post your personal information online during an investigation, supposedly to “protect public order.” For example: Based on a rumor, your face is plastered across news sites as a criminal suspect. Even if you are later cleared, your reputation , and your life , are already destroyed.

4. They can hold you in custody for 10 days without charges: Article 78 extends police custody (“garde à vue”) for vaguely defined “state security” crimes to up to 10 days before you even see a judge. For example: You criticize the government online. You are arrested under a vague “national security” pretext and disappear for over a week , without charges or a court hearing.

5. Military intelligence officers now have police powers: Articles 23 and 24 grant military intelligence services (الاستخبارات العسكرية) the same powers as regular police, with nationwide jurisdiction. For example: Instead of civilian police, military agents can now arrest, interrogate, and surveil you , with even fewer guarantees of oversight or accountability.

6. They are eliminating juries for serious trials: Article 381 abolishes ordinary citizen juries in cases involving terrorism, drug trafficking, and smuggling. Only government-appointed judges will decide guilt. For example: If accused of a political crime, you will no longer be judged by a panel of ordinary citizens , but by professional judges who answer to the state.

7. They can hide investigations from public scrutiny: Article 19 strengthens the secrecy of investigations, giving prosecutors , not judges , full control over what information can be disclosed. For example: If you are arrested, your family, your lawyer, and journalists may have no idea what is happening , while the government controls the public narrative.

8. They are sidelining defense lawyers: under multiple new provisions, including Article 128/2 and changes to pre-trial procedures, defense lawyers may be denied full access to case files or restricted during interrogations. For example: Your lawyer might not even see the evidence against you , turning your trial into a formality without a real defense.

9. You can be arrested just for complaining on social media: By combining broad surveillance powers with vague “public order” laws, the government can label online dissent as “terrorism” or “threats to national security.” For example: Posting a meme about inflation or criticizing the president could land you in jail for weeks , without fair trial protections.

The Ministry of Justice claims the new Code “modernizes” Algeria’s justice system to comply with the 2020 Constitution and international standards. It promises faster trials, better victims’ rights, and stronger tools to fight cybercrime.

But the Algerian Bar Association (UNOA) categorically rejects these claims. In an official letter to Parliament, it warns that Articles 100, 49 bis 1, 19, 78, 23, 24, and 381, when combined , dismantle fair trial guarantees, cripple defense lawyers, erase public oversight, and give prosecutors and security forces unprecedented unchecked powers.

“This law institutionalizes fear,” said a senior member of the Bar Association. “It gives the state legal cover to spy, seize, defame, and jail anyone , without a real chance to defend themselves.”

International organizations echo these fears. Amnesty International recently denounced Algeria’s “escalating repression,” citing arbitrary arrests of journalists and activists for peaceful online protest. The new law would legally entrench these practices.

At a time when Algeria’s youth are already disillusioned with soaring prices, joblessness, and political stagnation, critics warn that passing this law would not just mark a theoretical change. It would affect everyday life: your phone calls. Your bank account. Your Facebook posts. Your ability to get a fair trial.

Parliament is expected to debate the bill in the coming weeks. To let Algerian citizens know what parliamentarians and the Algerian regime have in store for them, and in view of the under-mediatization of this subject by the national media, we are making available to our readers the full copy of the Preliminary Report on the draft law on the Code of Criminal Procedure, presented during the ninth legislature, ordinary parliamentary session 2024-2025, by the Committee on Legal Affairs, Administration and Freedoms, under reference A.T/2025/01/57, dated April 2025, as well as the letter sent by the Union Nationale des Ordres des Avocats (UNOA), which groups over 60,000 lawyers in Algeria, expressing their deep concern about the current text.

Link to the Preliminary Report on the draft law on the Code of Criminal Procedure:
Click here

Link to the letter sent by the Union Nationale des Ordres des Avocats (UNOA):
Click here

The stakes are clear: it is the difference between living in a flawed democracy , or in a legalized dictatorship.