Algeria’s moral, legal and criminal responsibility is fully engaged with regard to the violations committed on its territory, in the Tindouf camps ”, the host country being the holder of specific obligations to prevent, investigate, and to suppress violations of the rights of persons on its territory, while ensuring them remedies.
as a reminder, Algeria has delegated to the “polisario” authority over a part of its territory in violation of the Convention on the Status of Refugees of 1951 and its Protocol of 1967, as well as all the conclusions of the Executive Committee of the Haut -Commissioner for Refugees.
This exceptional situation under international humanitarian law allows the “polisario” to engage in systematic human rights violations in the Tindouf camps to stifle any challenge to its legitimacy. Thus, arbitrary detention, kidnappings, and torture are rampant on the civilian population, with the active complicity of Algeria.
Indeed, the United Nations Working Group on Arbitrary Detention (GTDA / ONU) has just made public its decision concerning the complaint of the opponent to the Polisario leadership, El Fadel Breica, against the Algerian state, for kidnapping , torture, unlawful confinement and illegal detention for more than four months, on Algerian territory by the Polisario militias and the Algerian security services, because of his activism for the defense of the human rights of the populations of the Tindouf camps, more particularly his participation in a sit-in outside the Algerian embassy in Madrid to demand the light on the fate of his cousin of tribe El Khalil Ahmed Braih, missing since his kidnapping in January 2009, in Algiers, by the intelligence services Algerians.
The UN experts, who affirmed at the end of their deliberations within the framework of the 87th session of the GTDA / ONU, that “the responsibility of Algeria is engaged as long as El Fadel Breica was in Tindouf, on Algerian territory and therefore under the territorial jurisdiction of Algeria “, reached overwhelming conclusions for Algeria and its Polisarian henchmen.
They stressed in particular that “the detention of El Fadel Breica results from the peaceful exercise of his rights to freedom of expression and association, that he was kidnapped, without any arrest warrant, that he was not informed of the reasons for his arrest, that he was not brought before a judge during the four months of his detention and that his right to an effective remedy has also been violated “, before concluding that” the arrest and detention of Mr. Breica has no legal basis and is arbitrary “.
Concerned about the proliferation of arbitrary detention practices in the Tindouf camps, the GTDA / UN experts asked the Algerian state to facilitate their visit to this country “in order to initiate a dialogue with its government on this subject”, by calling on the Algerian authorities, on the specific case of Mr. Breica, “to take the necessary measures to open a thorough and independent investigation into the circumstances of Mr. Breica’s arbitrary deprivation of liberty, take the necessary measures against those responsible for the violation of their rights and for the compensation of the damages suffered in particular in the form of compensation in accordance with international law “, while calling on the Algerian government to report to the GTDA / ONU on the implementation of these recommendations.
Through the clarity of its decision, which swept away with a hand the Algerian maneuvers aimed at sowing ambiguity about its responsibility in the abject crimes perpetrated with impunity on its territory, by its army and its supporters of the Polisario, against the Saharawis retained in the Tindouf camps, this UN body opened the way for hundreds of victims and their dependents to demand accounts from their executioners and material and moral reparation from their protectors, who are now plunged into the turmoil of the procedure for monitoring the implementation of the decision of the GTDA / ONU in relation to the case of Mr. Breica, since the Algerian State will have to inform the working group of the United Nations within six months , on the measures which he took, in particular for the opening of an investigation into the arbitrary arrest and detention of Mr. Breica and his compensation, as well as the prosecution of the perpetrators of these overruns.
Another merit of the GTDA / UN decision, and not least, is the unveiling of the true face of the alleged human rights defenders who show total blindness in relation to the atrocities committed against populations of Tindouf camps by their principals, whose “generosity” has unduly heightened the sensitivity of these human rights entrepreneurs to make them outrageously receptive to the fallacious propaganda of the separatists against Morocco.