Algerian ex-minister indicted by Swiss over civil war ‘torture’

Former Algerian Defense Minister and retired Gen. Khaled Nezzar smiles as he answers reporters at the Paris courthouse Monday, July 1, 2002. (AP)
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Updated 30 August 2023
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Algerian ex-minister indicted by Swiss over civil war ‘torture’

  • The indictment, filed on Monday, alleges that Nezzar “knowingly and willingly created structures in order to eliminate the Islamist opposition according to his plan of action”

GENEVA: Former Algerian defense minister Khaled Nezzar has been indicted in Switzerland on charges of committing crimes against humanity in the 1990s during the civil war, state prosecutors said Tuesday.
The Office of the Attorney General of Switzerland (OAG) said it had filed an indictment in the Federal Criminal Court against the 85-year-old, who faces accusations including coordinating torture.
The 1992-2002 Algerian civil war between government forces and Islamists left up to 200,000 people dead.
“Nezzar is accused of violating the laws of armed conflicts in accordance with the Geneva Conventions between 1992 and 1994 in connection with the civil war in Algeria and of committing crimes against humanity,” the OAG said in a statement.
“It is alleged that at the very least he knowingly and willingly condoned, coordinated and encouraged the torture and other cruel, inhumane or humiliating acts, physical and psychological assaults, arbitrary detentions and convictions and extra-judicial executions.”
The civil war erupted after the army suspended an electoral process when the Islamic Salvation Front won the first round of a parliamentary vote in 1991.
The OAG opened criminal proceedings against Nezzar in 2011, following a complaint from the TRIAL International organization, which fights against impunity for war crimes.
Nezzar was living in Switzerland at the time but has since left the country.
The OAG abandoned the proceedings in 2017, concluding that the Algerian civil war was not an internal armed conflict as defined by law.
On appeal, the Federal Criminal Court in 2018 ruled against that decision, and the OAG resumed criminal proceedings.

The indictment, filed on Monday, alleges that Nezzar “knowingly and willingly created structures in order to eliminate the Islamist opposition according to his plan of action.”
“This led to the commission of war crimes and widespread and systematic attacks on civilians suspected of sympathizing with the opposition.”
The OAG documented 11 incidents, each with several allegations, alleged to have taken place between 1992 and 1994.
“The suspected victims are alleged to have been subjected to torture using water and/or electric shocks and other cruel, inhumane or degrading treatments,” it said.
The OAG stressed that the presumption of innocence applies to the accused.
The indictment “renews hope that victims of the Algerian civil war will get justice,” TRIAL International said on its website.
“Nezzar will be the highest-ranking military official ever tried for such crimes based on the principle of universal jurisdiction.”
The organization wants the trial to begin as soon as possible, citing Nezzar’s state of health.
The Collective of the Families of the Disappeared in Algeria (CFDA) on Tuesday celebrated a “historical legal victory,” calling a demonstration on Wednesday in Algiers to mark the International Day of the Victims of Enforced Disappearances.
According to TRIAL, one of the victims withdrew their complaint under pressure, while another complaint was shelved this year because the victim was no longer reachable. A third victim recently died.

 


Iran protest instigators will receive no leniency, judicial chief says

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Iran protest instigators will receive no leniency, judicial chief says

TEHRAN: The head of Iran’s judiciary warned that those behind a recent wave of anti-government protests could expect punishment “without the slightest leniency.”
What began earlier this month as demonstrations against the high cost of living boiled over into a broader protest movement that represented the gravest challenge to the leadership in years.
The protests have abated under an internet blackout that left the country largely cut off from the outside world.
“The people rightly demand that the accused and the main instigators of the riots and the acts of terrorism and violence be tried as quickly as possible and punished if found guilty,” judicial chief Gholamhossein Mohseni Ejei was quoted as saying by the official Mizan online news portal.
He went on to say “the greatest rigor must be applied in the investigations,” but insisted that “justice entails judging and punishing without the slightest leniency the criminals who took up arms and killed people, or committed arson, destruction, and massacres.”
The Iranian government has put the death toll from the protests at 3,117, including 2,427 people it has labeled “martyrs” — a term used to distinguish members of the security forces and innocent bystanders from those described by authorities as “rioters” incited by the US and Israel.
Rights groups have accused authorities of repeatedly using live ammunition on protesters, but Col. Mehdi Sharif Kazemi, commander of Iran’s special police, maintained authorities had used only non-lethal measures such as water cannon to quell the unrest.
“The use of weapons (by the police) during this operation has sparked some criticism, but in fact, the police did not resort to using any firearms,” he was quoted as saying by the Mehr news agency.
“We used non-lethal means in order to guarantee the safety of the population and avoid any killings.”
Italian Foreign Minister Antonio Tajani urged the EU to list Iran’s Revolutionary Guards Corps as a “terrorist organization” following the crackdown on protests.
Tajani said he would propose the idea “in coordination with other partners” at a meeting of EU foreign ministers in Brussels on Thursday.
“The losses suffered by the civilian population during the protests demand a clear response,” he wrote on X.
He also called for the EU to levy individual sanctions against those responsible.

The EU has already sanctioned several hundred Iranian officials over crackdowns on previous protest movements and over Tehran’s support for Russia’s war on Ukraine.

The bloc has also banned the export to Iran of a raft of components that could be used in the country’s drone and missile manufacturing.
Last week, EU chief Ursula von der Leyen announced plans to ban additional exports of critical drone and missile technologies.
An EU official on Friday confirmed that the proposal to designate the IRGC as a terrorist organization was on the table for this week’s meeting, but said it requires unanimity for approval and that “we are not yet there.”