UN Experts Warn Algeria Against Death Penalty Risk in Retrial of Poet Mohamed Tadjadit

“This retrial appears to contradict international legal standards and repeats earlier violations already identified by the WGAD,” the experts noted.

United Nations human rights experts have issued a stark warning to Algerian authorities, urging the Court in Algiers to halt the retrial of poet and activist Mohamed Tadjadit, citing serious legal concerns and the potential imposition of the death penalty under newly reclassified charges.

The intervention comes ahead of a scheduled court hearing on 30 April, where Tadjadit faces three new criminal charges—reclassified from earlier offences—including allegations under Article 77 of Algeria's Penal Code, which carries capital punishment.

Escalation from prior conviction raises alarm

Tadjadit, a prominent voice in Algeria's Hirak protest movement and widely recognised for his poetry in Darija, was previously sentenced in March 2022 to 16 months in prison for charges linked to his activism. That sentence was later reduced on appeal, leading to his release in August 2022.

However, UN experts say the decision by the Algiers Court last November to reclassify the original charges into more severe offences—including crimes against state authority and territorial integrity—marks a troubling escalation.

"We are deeply concerned by the reclassification of charges, which now expose Mr Tadjadit to the death penalty," the experts said, warning that the move raises serious questions about judicial fairness and proportionality.

Double jeopardy and fair trial concerns

The experts emphasized that the new charges appear to be based on the same conduct for which Tadjadit was already tried and convicted in 2022, raising concerns over violations of the legal principle of double jeopardy, which prohibits being tried twice for the same offence.

They also referenced a prior ruling by the UN Working Group on Arbitrary Detention (WGAD), which concluded in October 2022 that Tadjadit's original detention was arbitrary, his right to a fair trial was violated, and that he had been punished for exercising his freedom of expression.

"This retrial appears to contradict international legal standards and repeats earlier violations already identified by the WGAD," the experts noted.

Freedom of expression under scrutiny

Tadjadit is known not only as a poet but also as a human rights defender, using his work and public voice to advocate for fundamental freedoms in Algeria. UN experts argue that the charges against him are directly linked to his peaceful expression and activism, which are protected under international law.

"We continue to observe unjustified restrictions on freedom of opinion and expression and the repeated use of the judicial system to intimidate dissenting voices," the experts said.

They further expressed concern over broader patterns in Algeria, alleging that authorities have increasingly used arbitrary arrests and legal proceedings to suppress political criticism and activism.

Additional terrorism-related charges deepen concerns

Beyond the reclassified charges, Tadjadit also faces separate allegations under Article 87 bis, related to terrorism—provisions that UN experts say are vague and incompatible with international human rights standards.

The accumulation of multiple charges, they argue, reflects a pattern of using broad and imprecise legal provisions to criminalise legitimate human rights activity.

"The continued layering of charges against Mr Tadjadit risks undermining fundamental freedoms, including expression and association," the experts warned.

Death penalty concerns under international law

A central issue raised by the UN experts is the application of the death penalty. Under international law—particularly Article 6 of the International Covenant on Civil and Political Rights (ICCPR)—capital punishment is restricted to the "most serious crimes," typically interpreted as offences involving intentional killing.

The experts stressed that the charges against Tadjadit do not meet this threshold.

"These offences do not qualify as 'most serious crimes' under international law, and therefore should not carry the death penalty," they said, adding that there is a growing global trend toward abolition.

Call for immediate action

UN experts have called on Algerian authorities to:

• Annul the upcoming trial scheduled for 30 April

• Drop all newly reclassified charges

• Vacate the earlier conviction linked to the same conduct

They argue that the case has been "marred by serious judicial irregularities" and represents a broader challenge to the rule of law and human rights protections in the country.

A test for judicial independence and rights protections

The case of Mohamed Tadjadit is increasingly being viewed by international observers as a litmus test for Algeria's commitment to upholding freedom of expression and adhering to international human rights obligations.

As the retrial date approaches, pressure is mounting on the Algerian judiciary to ensure that legal proceedings respect due process, avoid political influence, and align with global standards on justice and human rights.

The UN experts confirmed that they have formally raised their concerns with the Algerian government, urging immediate corrective action to prevent what they describe as a "grave miscarriage of justice."