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November 6, 2019: By Arezki Daoud: The Algerian crisis has intensified over the past two weeks, with the head of the military, General Gaid Salah, ordering directly Justice Minister, Belkacem Zeghmati to forcefully deal with judges. Anger has peaked among judges in the aftermath of an unexpected reshuffle that saw the promotion of rogue court officials and the transfer of less compromised judges to remote courts. In standard practice, such transfers occur in summer, before the back-to-school season, and require the approval of a high judicial commission tasked to authorize such moves.
The decision this time was driven by politics, largely at the orders of the military. The role of the military command as the driving force behind this critical judicial change became evident when justice minister Zeghmati met with General Gaid Salah during a commemoration of the 1 November Day. The general told Zeghmati “you must go until the end,” and Zeghmati replied, “thanks a million, sir.” But General Gaid Salah added, “no, I meant until then end.” The short exchange was broadcast on national TV, willingly or not, and resulted in an uproar when a day later a gendarmerie anti-riot unit affiliated to the ministry of defense illegally stormed the Oran’s Court of Appeal, using force against the judges to end the strike, and amidst the growing, legitimate demands for the establishment of the rule of law and the end the executive’s control over the judiciary. The incident in Oran prompted an escalation of the conflict, headed by the judges’ union, the National Union of Magistrates (SNM). After starting the strike on Sunday, 27 October, nearly 100% of Algerian judges joined the protest and refused to go to work.
But then a stunning reversal was announced on 5 November. The head of SNM, Issad Mabrouk, called on judges to return to work on Wednesday. The call prompted a backlash among the Hirak movement, which accused the judges of betrayal. Indeed judges were always seen as the enforcement arm of the Bouteflika regime and now of that General Gaid Salah, but opposition figures and commentators urged the Algerian population to support the judges for their efforts to seek judicial independence. The change of direction from SNM was seen as not just betrayal, but evidence that judges are strong component of the regime that needs to change.
The change in direction was partly, and perhaps even largly, prompted by an agreement reached Tuesday, 5 November between the National Union of Magistrates (SNM) and the Ministry of Justice. In it, the Algerian government has promised Algerian magistrates a salary increase of 20% from next December. This increase will be calculated according to the degree of seniority of each magistrate and will have a retroactive effect from January 2019. This increase will allow some judges, including those with more than seven years of seniority, to earn premium salaries. Thus the pay increase enabled the Algerian military to convince the magistrates strikers to give up their protest movement. The military has also promised to provide housing to judges. In the statement released by the SNM on the strike, there is no specific mention of these gains and pledges.
Stunted by the change in position, the Club of Magistrates, a powerful association of Algerian judges, said in a statement made public on Wednesday that it was surprised by the “unilateral” decision of the SNM to end the strike. The Club said it was not aware and did not endorse it, but it is forced to comply, even though it disagrees with the decision. Its statement reads: “The agreement reached between the union and the Ministry of Justice has disappointed many honorable magistrates”, and “shocked the elite of Algerian society” who expressed sympathy with a sector that has “long been oppressed”, especially after the “tragic and horrible” events that took place inside the Oran Court of Justice “. The Club also insists that “it was not consulted.”
Several judges and magistrates from Oran province have confirmed that their strike will not be suspended just because their union unilaterally decided so. Oran judges have been attacked by Algeria military forces inside a court. Media sources report that neighboring provinces not all judges went back to work.
