Photo: US Navy via Wikimedia Commons

The retrial, opening this week at the Algiers Court of Appeals, comes after the Supreme Court overturned an appeal ruling against the defendants in November 2024. The Supreme Court found legal flaws in the Court of Appeal ruling, including fair trial violations, claims by the defendants that their confessions were obtained under torture, a lack of prosecution evidence, and significant due process hurdles, such as defense lawyers being unable to cross-examine prosecution witnesses.

Deputy regional director for the Middle East and North Africa at Amnesty International, Diana Eltahawy, commented: “The flawed investigation and grossly unfair trial that led to these callous death sentences are a stain on Algeria’s justice system. The new trial represents an important opportunity for the Algerian authorities to end the travesty of justice, redress past violations and ensure accountability without recourse to the death penalty.”

In August 2021, Algerian artist Djamel Ben Ismail was wrongly accused of starting the devastating wildfires that ravaged 18 provinces in Algeria that year, leading to the deaths of around 90 people. Ismail was subsequently tortured and murdered by angry locals, with graphic footage of the incident spreading through various social media platforms. In November 2022, an Algerian court handed down death sentences to 49 people for their roles in the gruesome murder, with 38 death sentences being upheld in October 2023.

Amnesty has criticized the prosecution of these defendants as a violation of the rule of law, stating that the convictions against at least 10 of the accused appear to have been politically motivated, as they were affiliated with the opposition Movement for the Self-determination of Kabylie (MAK), designated as a terrorist organization by authorities. Additionally, some defendants were tried in absentia, a violation of the right to be present at one’s trial. This is a direct contravention of Article 14(3)(d) of the International Covenant on Civil & Political Rights (ICCPR), which guarantees the right to a fair trial, and Article 7 of the African Charter on Human & Peoples’ Rights, both of which Algeria is a party to.

As Algeria has not carried out any executions since 1993, the trials will be closely watched by international opponents of the death penalty.

From JURIST, March 2. Used with permission. Internal links added.

Map: Kabyle.com

A joint investigation by the Internal Security Agency and Battalion 166 led to the unearthing of the mass grave. The investigators ordered that DNA samples be collected from the remains to identify the deceased and that full autopsies be carried out to determine causes of death. The suspect (MFH) had been previously charged with three offenses related to the murder of migrants and additional human trafficking offenses.

Refugees in Libya, a Libyan-run organization registered in Italy that provides support for refugees, urged the International Criminal Court (ICC) prosecutor, Karim Khan, to “assess this case within the Court’s mandate.” The group further stated: “The killings…occurred within a system where people are blocked, intercepted, returned, and abandoned in Libya after being denied safe pathways to protection. This demands accountability beyond Libya.”

Seawatch International, an NGO that saves migrants in distress in the Mediterranean Sea, condemned EU policies for endangering migrant lives: “Horrifying news: In Libya, a mass grave with at least 21 persons was discovered. Their deaths are a direct consequence of EU migration politics. Libya is not a safe place for people on the move!”

Libya has emerged in recent years as a key route for human trafficking. Mass graves of presumed migrants who had been detained and killed by armed groups have been uncovered repeatedly—from 2022 to February and June of last year. Libya is also now serving as a starting point for flights trafficking migrants to Nicaragua, with an intended final destination of the United States.

Article 426 of the Libyan Penal Code prohibits the trafficking of enslaved people, and imposes a punishment of imprisonment not exceeding ten years. Furthermore, Article 428 criminalizes the deprivation of another’s liberty by a period of imprisonment not exceeding five years. A US State Department report identifies the lack of a functioning judiciary, endemic corruption, and the strength of non-state armed groups as causes behind the surge of human trafficking in Libya.

From JURIST, Jan. 18. Used with permission. Internal links added.

Note: This case evidently invovled some coordination between Libya’s two rival governments, as Battalion 166 appears to be aligned with the breakaway regime in the east, yet seemingly cooperated with authorities from the internationally recognized Government of National Unity based in Tripoli. The Internal Security Agency appears to be a holdover agency from the Qaddafi dictatorship, and it is unclear which faction it is aligned with.

Map: Perry-Castañeda Library

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Photo: Horn Diplomat via Wikipedia

From The New Humanitarian, Oct. 31

Image: Pixabay

In 2023, a UN Fact-Finding Mission in Libya found reasonable grounds to believe that high-ranking staff of the Libyan Coast Guard colluded with human traffickers and smugglers reportedly connected to militia groups. These officials allegedly demanded and received payments in exchange for turning detained migrants over to the militia groups, in whose hands they were subjected to forced labor and other abuses.

Human rights organizations and refugee advocacy groups have consistently called for the termination of the agreement. Civil society networks, like Refugees in Libya, have mobilized efforts to stop renewal of the MoU, which is set to occur on Nov. 2.

Judith Sunderland, associate Europe director at HRW, urged the EU and all of its member states, including Italy, to “stop financing and legitimizing violence against migrants and fundamentally reorient [their] Mediterranean policies to prioritize rescue at sea and safe and legal pathways for migration.”

The HRW statement came days before the European Commission and the EU border control agency Frontex were to host a delegation of Libyan migration officials at the Frontex headquarters in Warsaw. HRW called on EU officials to use the opportunity to demand respect for human rights and accountability for abuses.

From JURIST, Oct. 13. Used with permission.

Map: Perry-Castañeda Library

On Oct. 1, the Nabeul Court of First Instance sentenced Chouchane to death under Article 72 of Tunisia’s penal code, which imposes the death penalty for “attempting to change the form of government.” A week later, he was granted a presidential pardon. Nonetheless, HRW called the sentence “a chilling message to all Tunisians that no criticism will be tolerated from anyone, no matter what form it takes.” The group also reported that Chouchane was held in detention for longer than the 14-month maximum permitted by Tunisian law and was denied medical care for a prior injury.

HRW noted that Tunisia is a signatory to the International Covenant on Civil & Political Rights and the African Charter on Human & Peoples’ Rights, “which guarantee the right to freedom of expression and assembly, to a fair trial, and to not be subject to arbitrary arrest or detention.”

Authorities arrested Chouchane on his way to a medical appointment on Jan. 22, 2024. He was convicted under penal code articles 72 and 67, which criminalize “attempting to change the form of the government” and “insulting the president,” respectively. He was also convicted under Article 24 of the new Decree-Law 54 on Cybercrime, for “spreading fake news.”

Since President Kais Saied instated emergency powers in 2021, human rights organizations have raised alarms over a deteriorating situation for judicial independence and press freedoms in Tunisia.

From JURIST, Oct. 9. Used with permission.

Image: Grunge Love

Also Sept. 30, Madagascar’s President Andry Rajoelina announced the dissolution of the government led by Prime Minister Christian Ntsay, in response to widespread youth-led protests over power and water shortages.

The UN criticized Malagasy authorities’ response to the demonstrations, reporting that at least 22 people have been killed and hundreds injured. The victims included protesters and bystanders killed by the security forces, as well as some killed in violence by gangs exploiting the chaos. The Madagascar demonstrations were also organized under the banner of “Gen Z.”

This is not the first time that President Rajoelina has experienced popular unrest; as the incumbent candidate in October 2023, he was injured during protests over the presidential election. Nevertheless, these recent demonstrations have been described as the most serious challenge he has experienced since his re-election in the 2023 polls. (Jurist, PRI)

Note: Spikes in the price of food and fuel since the start of the Ukraine war in 2022 have contributed to popular privation and unrest worldwide.

Photo via Mika R/Twitter. Madagascar protesters use appropriated image from One Piece manga series.

A later statement by White House Press Secretary Karoline Leavitt said: “Unilaterally bombing inside Qatar, a sovereign nation and close ally of the United States that is working very hard and bravely taking risks with us to broker peace, does not advance Israel or America’s goals.” Yet, she added: “However, eliminating Hamas, who have profited off the misery of those living in Gaza, is a worthy goal.”

Qatar hosts al-Udeid air base, headquarters for US Central Command’s regional operations and host to some 8,000 US troops.

Hamas said six people were killed in the strikes, including Abdullah Abdul Wahid (Abu Khalil), the son of the organization’s acting chief, Khalil al-Hayya. The statement said the top leadership, including the negotiations team, had survived.

The key targets in the operation were named as Khalil al-Hayya; veteran top Hamas leader Khaled Mashaal, who was replaced by Ismail Haniyeh in 2017; and Zaher Jabarin, leader of the Hamas financial bureau. Their fates remain unknown at this time. (JP, ToI, LWJ, BBC News, Al Jazeera, NewsHour)

Was Hamas’ Qatar leadership responible for October 7?
Israel of course portrayed the targeted leaders as responsible for the Oct. 7, 2023 attacks, as well as the previous day’s deadly militant attack in Jerusalem. However, an Arabic-language account in the London-based pan-Arab newspaper Asharq Al-Awsat, cited by the Jerusalem Post on Jan. 10, 2024, said that only five Hamas leaders made the decision for the Oct. 7 attack—all based in Gaza, and not inlcuding any of those named as targeted in the Qatar raid.

The report, based on Palestinian sources close to the leadership of Hamas’ military wing, the al-Qassam Brigades, named the decision-makers as Yahya Sinwar, the Hamas leader in Gaza (now believed to be dead); Muhammed Deif, leader of the al-Qassam Brigades, Muhammed Sinwar (Yahya’s brother); Rouhi Mushtaha, a figure close to Sinwar; and Ayman Nofal, former head of intelligence for al-Qassam Brigades; assassinated by Israel shortly after the October 2023 attacks. The account portrays the decision to launch the attacks as a coup by Sinwar against the Qatar-exiled leadership.

Mousa Abu Marzouk, head of the Hamas foreign-relations office in Qatar, said earlier this year that if he knew what the consequences would be from the October 2023 attacks, he would have not have supported them. “If it was expected that what happened would happen, there wouldn’t have been Oct. 7,” Marzouk was quoted in the New York Times on Feb. 24, 2025. This statement does imply that he had been aware of the attacks beforehand. Two weeks after the attacks, in a seeming bid for international legitimacy, Marzouk led a Hamas delegation to Moscow, where they met with Russian deputy foreign minister Mikhail Bogdanov. (NYT, Oct. 26, 2023)

Drone terror targets flotilla in Tunis?
On the same day as the Qatar strikes, organizers of a flotilla carrying aid for Gaza said their lead ship, the Familia Madeira, was hit by a drone while anchored at the port of Sidi Bou Said in Tunisia. A video that was posted by the Global Sumud Flotilla appears to show a lit projectile falling from the sky onto the vessel before flames erupt on the front deck. The ship sustained some damage to the top deck and a storage area below, according to later footage posted on social media.

“The boat is sailing under the Portuguese flag and all six passengers and crew are safe,” the group said in a statement. “Fire damage was caused to the main deck and below deck storage. Acts of aggression aimed at intimidating and derailing our mission will not deter us. Our peaceful mission to break the siege on Gaza and stand in solidarity with its people continues with determination and resolve.”

The statement said the vessel “was struck by a drone.” Tunisia’s Interior Ministry said reports of a drone strike “have no basis in truth,” Reuters reported.

Yet just hours later, on the morning of Sept. 10, the Flotilla reported that a second vessel was struck by a drone. The group said the British-flagged Alma sustained fire damage to its top deck

United Nations Human Rights Council special rapporteur Francesca Albanese, who lives in Tunisia, (and is now facing US sanctions), said in a video after the first apparent strike: “If it’s confirmed that this is a drone attack, it will be an assault, an aggression against Tunisia and against Tunisian sovereignty. Again, we cannot keep on tolerating this and normalizing the illegal.”

The Global Sumud Flotilla’s most prominent member is Swedish activist Greta Thunberg, internationally known for her climate advocacy and now a leading figure in the Freedom Flotilla Coalition. (The Hill, Politico, The Independent, The Guardian)

Two days before the apparent strike, more than 1,000 people gathered at the Sidi Bou Said harbor to welcome the flotilla, which had just arrived from Barcelona. “We all know why we’re are here,” Thunberg told the crowd. “Just across the water there’s a genocide going on, a mass starvation by Israel’s murder machine.” (ToI)

The dramatic developments of Sept. 9 came hours after Israel’s military warned all of Gaza City’s residents to evacuate before a planned offensive to take full control of the city, where hundreds of thousands of people are living under famine conditions. (The Guardian)

Photo: FreeGaza via Wikimedia Commons

The post was immediately met with torrent of angry responses, with one writing that she “belongs in jail.” But Lachgar doubled down on her statement with a follow-up comment reading in French: “Islam, like any religious ideology, is fascist, phallocratic and misogynistic.”

A clinical psychologist and psychotherapist, Lachgar is a founder of the Alternative Movement for Individual Liberties (MALI), which advocates for reproductive rights, LGBTQ+ rights, and secularism. (Morocco World News, Middle East Online, The New Arab)

Photo via Twitter