HADJER
ZITOUNI

Background and Work

Hadjer Zitouni served as Director of Communication and Media at the Algerian Red Crescent, a state-supervised humanitarian body. In 2023, she and fellow official Benchattah began documenting what they believed were serious breaches of the organization's mandate. Their allegations included the potential diversion of aid intended for Sahrawi refugees in Tindouf camps and irregularities in assistance destined for Gaza.

Rather than prompting an internal review, their public disclosures triggered a criminal complaint. In April 2024, Red Crescent president Ibtissam Hamlaoui filed charges accusing Zitouni and Benchattah of spreading false information, disturbing public order, and defaming the organization via social media.

Arrest and Pre-Trial Detention

Zitouni was summoned by the national gendarmerie on 30 April 2024 and detained for several days. On 14 May 2024, she was referred immediately to trial and placed in pre-trial detention at Bir Mourad Raïs tribunal. The rapid transfer from summons to custodial detention raised concerns about procedural safeguards and the proportionality of detention in a case centered on freedom of expression.

The use of pre-trial detention in cases involving alleged defamation and incitement is widely considered disproportionate under international human rights law, which requires that such measures remain exceptional and justified by concrete risk.

Treatment in Detention

Zitouni reported enduring humiliation, verbal abuse, psychological pressure, sleep deprivation, and intimidation during her detention. After her release, she and Benchattah publicly described the conditions of their interrogation, highlighting the extreme pressure and humiliation they faced.

They also reported that President Hamlaoui was present during parts of the investigative process. If verified, this constitutes a direct interference with judicial procedures and a breach of impartiality. The treatment Zitouni described may amount to cruel, inhuman, or degrading treatment prohibited under international law.

Trial and Sentencing

On 28 May 2024, Zitouni was sentenced to one year in prison—six months firm and six months suspended—alongside a fine of 50,000 Algerian dinars. The charges were organized incitement and intentional defamation of a state-supervised humanitarian organization.

The sentence was upheld on appeal in September 2024. The criminalization of alleged defamation in matters of public interest raises serious concerns under Article 19 of the International Covenant on Civil and Political Rights, to which Algeria is a party.

Lack of Accountability for Alleged Mismanagement

Despite the allegations of mismanagement and misuse of humanitarian funds documented by Zitouni and Benchattah, President Hamlaoui has not faced investigation or prosecution. The judicial response targeted the whistleblowers, not the conduct they reported. This imbalance raises questions about judicial independence and accountability in cases involving state-supervised institutions.

Legal and Human Rights Concerns

The case raises multiple issues under international human rights law. Pre-trial detention was used in a case involving expression-related charges, where less restrictive measures should have been considered. Criminal defamation laws were applied to suppress criticism of a public institution, infringing on freedom of expression. The treatment Zitouni endured in detention may constitute cruel, inhuman, or degrading treatment. The custodial sentence imposed was disproportionate to the alleged conduct.

A review of the conviction is necessary to ensure compliance with international fair trial standards, protection against ill-treatment, and safeguards against the misuse of criminal defamation laws to silence whistleblowers.