The Minister of Justice, Keeper of the Seals, revealed Algeria’s position on the death penalty and retaliation, stressing that the country has frozen the application of this punishment since 1993, even though it remains stipulated in Algerian law.
The Minister explained, in his response to a written parliamentary question by Representative Gedo Rabah, that the death penalty in positive law is considered the maximum criminal penalty, and is applied in very serious crimes that include premeditated murder, kidnapping, terrorist acts, and drug crimes in legally defined cases, as the philosophy of this punishment is based on general deterrence and the protection of public order.
The Minister pointed out that Algeria ratified the United Nations General Assembly resolution issued on December 16, 2020 to freeze the application of the death penalty, in implementation of its international obligations resulting from its accession to the International Covenant on Civil and Political Rights, which it ratified on May 16, 1989, which stipulates that the right to life is an inherent right.
In the context of the comparison between Sharia and positive law, the Minister of Justice stressed that the punishment of retaliation in Islamic Sharia is based on the goal of preserving life, not wasting it, and is based on a faith motive that makes compliance with it take precedence over fear of state authority, unlike positive law, which is based on penal philosophies that change from time to time.
The Minister pointed out that the issue of adopting the purposes of Islamic Sharia in the field of justice is of interest to Sharia and legal scholars, as some believe that the death penalty achieves the purposes of Sharia in preserving lives, establishing justice, and deterring crimes, while others affirm that mercy and pardon may represent a higher tool for achieving broader and more comprehensive goals.
The Minister indicated that there is nothing preventing the competent authorities from continuing to study and discuss this issue and adopting the objectives of Islamic law in justice, given that Islamic law is considered one of the sources of law in accordance with the provisions of civil law, which allows for flexible application of texts and the achievement of justice.
The Minister concluded his response by emphasizing that the death penalty remains stipulated, effective, and adjudicated by the Algerian courts in accordance with the provisions of Algerian law, despite the freeze in its implementation for more than three decades.
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