Algeria’s authorities must immediately abandon any plans to expand the scope of the death penalty or resume executions after more than three decades without carrying one out, said Amnesty International as the government examines amendments to the penal code that would broaden the use of the death penalty. The organization calls on Algeria’s authorities to immediately establish an official moratorium as a first step towards fully abolishing the death penalty. It also urges the authorities to adopt a human-rights centred response to the recent devastating wildfires, including by ensuring effective investigations into all factors that led to the tragic loss of life and accountability without resort to the death penalty.
On 30 August, Algerian President Abdelmadjid Tebboune instructed the Minister of Justice to amend the Penal Code by 15 September to “reintroduce” the death penalty for intentionally starting or instigating fires. He stressed that anyone sentenced to death would face execution as soon as they have exhausted their right of appeal. The directive came in the wake of deadly wildfires that erupted between 26 and 30 August, wiping out entire villages across the Kabylie region and other parts of northeastern Algeria. On 6 September, the government started examining the proposed draft amendments to the Penal Code and the president indicated that they would further introduce the death penalty for “child abductors and abusers”.
“The devastation and loss of life caused by these fires is a profound tragedy and should spur the Algerian authorities into taking immediate steps focusing both on prevention and accountability. But walking back from over 30 years without executions is a deeply retrograde response that runs counter to respect for the right to life,” said Nadege Lahmar, Algeria Researcher.
“It is also at odd with Algeria’s international human rights obligations, in addition to its consistent support to UN General Assembly resolutions calling for a moratorium on executions with a view to abolishing the death penalty.”
Amnesty International considers the death penalty to be a violation of the right to life and the ultimate cruel, inhuman, and degrading punishment; which does not have a unique deterrent effect on crime and perpetuates a cycle of violence.
In addition to drawing from previous research into politically motivated trials in Algeria, Amnesty International reviewed public statements from the Algerian government as well as media reports since the eruption of the fires and analyzed relevant legal provisions relating to arson. On 7 September Amnesty International shared its concerns and recommendations with the Algerian authorities. No response has been received at the time of writing.
Wildfires should not be used to justify repression
The Algerian government has not shared comprehensive figures of deaths and injuries from the fires. Official government figures on 26 August recorded 12 deaths and 54 hospitalizations, but credible sources have since reported significantly higher casualties, including over 70 deaths in a single municipality. In July, separate wildfires killed six people also in the northeast. While authorities linked the July fires to a severe heatwave and previously described wildfires as a major risk and structural challenge exacerbated by climate change, in August, the Algerian president pointed to the responsibility of criminal elements “attempting to weaken Algeria and undermine its unity”.
Between 26 July and 10 September, the authorities announced the detentions of 20 people pending investigations for arson and “subversion” – a terrorism-related charge punished by a mandatory death penalty. They claimed a supporter of the Movement for the Self-determination of Kabylie (MAK), a political opposition group which the Algerian authorities designated as “terrorist”, was among those detained.
Algerian authorities have previously used wildfires to justify repression and resort to the death penalty. Following the August 2021 wildfires in northeastern Algeria, which killed at least 90 people, the authorities blamed political opposition groups, primarily the MAK, and prosecuted scores of people on terrorism-related and other serious charges. In November 2022, a court convicted and sentenced 56 people to death in a mass trial marred by gross fair trial violations and torture allegations that were not investigated; at least 10 among them were sentenced to death based on their political affiliations. The Supreme Court subsequently ordered a retrial, which commenced on 1 March 2026.
Courts have also resorted to politically motivated terrorism-related charges sanctioned by death to prosecute peaceful activists in at least two other cases unrelated to wildfires since 2021. This record makes the proposed expansion of the death penalty all the more alarming.
Need for a human rights-centred response
As Algeria faces increasingly frequent and severe wildfires in the context of worsening global heating due to climate change, the authorities should focus on protecting lives, strengthening prevention and emergency response – including by addressing the root causes of climate exacerbated disasters, and ensuring credible investigations and accountability.
“Accountability for the devastating loss of life caused by wildfires cannot be reduced to pursuing alleged perpetrators of arson. Authorities must conduct thorough, independent, impartial, and transparent investigations into all factors that caused or contributed to the fires and loss of life, including any failures by public officials and shortcomings in prevention, preparedness and emergency response,” said Nadege Lahmar.
“The findings must be made public and where there is sufficient evidence of criminal responsibility, those responsible must be prosecuted in fair proceedings that exclude resort to the death penalty. Survivors and families also have a right to timely, accessible and accurate information regarding those missing or deceased.”
Background
Under current Algerian law, arson carries penalties ranging from three years to life imprisonment and the death penalty if it causes death. Although Algeria has not carried out executions since 1993, courts continue to impose death sentences most commonly for murder. In July 2025, authorities already broadened the scope of the death penalty to include several drug-related offences.
Algeria is party to the International Covenant on Civil and Political Rights (ICCPR) which restricts the use of the death penalty to the “most serious crimes”, interpreted as offences involving intentional killing; and sets its abolition as a goal in countries that still retain this cruel punishment. In line with Article 6 of the ICCPR, the UN Human Rights Committee stated that “state parties may not transform into a capital offence any offence that, upon ratification of the [ICCPR] or at any time thereafter, did not entail the death penalty” nor should they increase its application. Amnesty International opposes the death penalty unconditionally, in all cases and under any circumstances.
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