Algeria: Anonymous Letters - Instruction to Members of Government, Security Officials

Algiers — The Presidency of the Republic issued on Friday a statement concerning anonymous letters of denunciation, which is as follows:

"President of the Republic, Abdelmadjid Tebboune, had announced in his opening speech at the second Government-Governors meeting of this year, held on August 12 and 13, to no longer take into account anonymous letters in legal proceedings.

A week after this meeting, the President of the Republic issued an instruction to members of the Government and to the heads of the security forces, the full text of which follows:

Reports received by the Presidency of the Republic indicate that some government officials and officials at various levels have been prosecuted on the basis of anonymous letters addressed to various security services and state institutions.

A number of executives were thus deprived of their liberty on the basis of these letters, which, in most cases, proved to be completely unfounded.

In addition to the injustice suffered by the latter, this state of affairs has led to a paralysis of the activity of public administrations and companies, because of the fear, dread and anguish of being prosecuted on the basis of a simple anonymous letter.

Fuelled by rumors, a climate of fear and suspicion has set in with other officials who, for fear of possible legal action, limit themselves to a minimum of obligations and do not develop any entrepreneurial spirit. As a result, the handling of important files, sometimes of an urgent nature, is postponed to later dates, causing serious damage to the functioning of these institutions.

It is therefore differentiate to differentiate between mismanagement due to an error of appreciation and voluntary acts that only benefit the perpetrators or malicious third parties. To this end, the judicial administration has all the legal means at its disposal to carry out investigations in this area.

While the fight against corruption is irreversible and necessary, it must not, under any circumstances, take the form of a campaign to destabilize the tools for carrying out and concretizing the missions of the State and its various implementing structures.

This unhealthy climate is naturally fuelled by rumors often distilled by the supporters of dirty money, the corrupt, those who want at all costs to destabilize the state and its structures to escape their inevitable fate.

Therefore, it is imperative, upon receipt of this circular, to make the difference between:

a- acts which, although condemnable, are due only to incompetence or misjudgment, which are devoid of any spirit or willingness to corrupt, passive or active, and do not benefit the incompetent money, neither directly, nor indirectly, nor his family, friends or acquaintances. Such acts will be severely sanctioned administratively.

b- Acts that have caused economic or financial losses to the State with the aim of granting undue advantages to third parties, in violation of laws and regulations and without written consultation with the hierarchy. In this case, doubt is allowed and the investigation must be directed towards the search for tangible evidence of active or passive corruption.

On the other hand, any assistance provided by citizens, directly or through the media with the necessary evidence, must be taken into account for possible investigations. It is clear that in this case, the citizen must be protected by the State from any form of reprisals.

Likewise, any person holding information in this regard is invited to contact the authorized authorities directly, in accordance with the procedures in force, or, if necessary, to address themselves expressly to the press organs, since the freedom of the press is enshrined in the Constitution.

Moreover, Minister of Justice and the heads of the security services, in charge of preliminary and judicial proceedings, will be instructed, each in his or her own area of competence, to disregard, in the future, anonymous letters of denunciation, as these can in no way constitute proof of imputability of facts qualified as a crime or misdemeanor.

I attach the utmost importance to the strict application of the present instruction."

More From: Algerie Presse Service

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