UN experts concerned about fair trial rights of former Guantánamo detainee in Algeria

Bakhouche was detained for over two decades at the U.S. Naval Station Guantánamo Bay, where, according to the experts, he was subjected to torture.

UN human rights experts today raised serious concerns about the fair trial rights of former Guantánamo Bay detainee Saeed Bakhouche, who now faces terrorism charges in Algeria. These warnings come despite assurances from the United States and Algerian governments that Bakhouche would receive humane treatment upon his return to Algeria.

Bakhouche was detained for over two decades at the U.S. Naval Station Guantánamo Bay, where, according to the experts, he was subjected to torture. After being cleared for release by the United States in April 2022, he was transferred to Algeria in April 2023. Upon arrival, he was immediately arrested, detained incommunicado, and reportedly subjected to threats during interrogation without legal representation. Although he was released in October 2023, he now faces charges under Algeria’s Penal Code and is due for trial this month.

The UN experts criticized the handling of Bakhouche’s case, highlighting it as a violation of his rights to humane treatment and rehabilitation, particularly as a survivor of prolonged detention and torture. They emphasized that the conditions of his arrest and impending trial could further deteriorate his mental and physical health, aggravating his PTSD and depression.

They further contested the fairness of his upcoming trial, citing the lack of independent legal representation in Algeria and the overly broad definition of terrorism offenses that the U.S. has itself critiqued. The experts expressed concerns about the potential for arbitrary detention and the risk of torture, which are prevalent in Algerian prisons.

Calling for an immediate reassessment of Bakhouche’s charges, the experts urged Algeria and the U.S. to fulfill their promises of protecting his rights, including providing adequate healthcare. They stressed that the repatriation of former detainees should not lead to re-traumatization or further violation of their rights, emphasizing that resettlement should be the first step toward ensuring a safe and rights-respecting future for former detainees.

This situation underscores the complex challenges and responsibilities involved in the closure of Guantánamo Bay and the repatriation of its former detainees, highlighting the need for vigilant international oversight to ensure that human rights commitments are honored in practice.