Boualem Sansal has already spent more than three weeks behind bars. The appeal hearing against his placement in detention took place Wednesday morning, and this appeal was rejected by the indictment chamber of the Algiers Court of Appeal, announced the same day, his French lawyer, François Zimeray, during a press conference held at Gallimard, the publisher of the Franco-Algerian writer. Boualem Sansal, aged 80, was arrested on November 16 at Algiers airport, under article 87 bis of the Algerian penal code, which punishes all attacks on state security. He is incarcerated in Kolea prison, 35 km from Algiers, after spending time in the prison wing of Mustapha hospital in the capital.
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Mandated by Gallimard, Me Zimeray was not issued in due time the visa necessary to prepare the defense of Boualem Sansal on site jointly with the Algerian counsel – agreements concluded in 1962 allow lawyers from the two countries to occasionally exercise either side of the Mediterranean.
Highlighting the context “extremely sensitive” of tensions between France and Algeria, and the little information to which he was able to access, Me Zimeray gave an idea of the constraints weighing on the defense, which must take care of all the “roughness of language” which could be “returned” against his client.
“A catch-all offense”
It is therefore not a question of implementing a strategy “breakup”he explained in reference to the thunderous tactic made famous by Jacques Vergès (1924-2013), consisting of transforming an accused into an accuser of the system which judges him. Me Zimeray, on the other hand, cited another lawyer, Gisèle Halimi (1927-2020) who, when she defended members of the National Liberation Front (FLN), during the Algerian War, said: “The cause of Algeria is that of justice, freedom and dignity.” Way of reminding the country of a history placing it on the side of emancipation and not of a ” arbitrary “ which would be evidenced by the arrest of Boualem Sansal, and the accusations against him.
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“Article 87 bis of the Algerian penal code is a catch-all offense, which is intended to cover a very wide range of situations, he said. And nevertheless, it is difficult to see how Sansal's writings could have undermined the safety, security and stability of a State of 45 million inhabitants, member [non permanent] of the UN Security Council. » As for the “remarks attributed to him, which would have been made or broadcast in French media, on French territory, it will be necessary to show us how they can fall under Algerian jurisdiction”, he added.
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