Mohamed Benhalima, a former Algerian military officer and anti-corruption activist, is currently serving a life sentence in Blida military prison, Algeria. He was forcibly returned from Spain on 24 March 2022, despite warnings from his lawyers, the UN Refugee Agency, and human rights groups that he was at risk of torture and unfair trial.
Mohamed had exposed military corruption on YouTube and Facebook between 2019 and 2022 and participated in Algeria’s peaceful Hirak protest movement. After fleeing to Spain for safety in 2019, Benhalima requested asylum in Spain, but Spain – which was the first country in the West to show its support for the Algerian regime when the protests broke out – refused his request. The Spanish authorities made this decision on the grounds that he posed “a danger to national security” and could “harm Spain’s relations with other countries.” But the alleged “well-founded” reasons upon which it reached this conclusion have never been explained. Spain returned him without notifying his lawyers, violating international protection obligations.
Since his return, Mohamed has faced multiple prosecutions by military and civilian courts. He was sentenced to death in absentia in 2021 and later resentenced to 10 years in prison. In other cases, he received additional sentences, including a life sentence for sharing military-related information and five years for desertion. His convictions are largely based on forced confessions obtained under torture.
Mohamed has reported torture and sexual violence by military agents at least six times in court. He was also held in solitary confinement and forcibly disappeared for nearly two weeks after his return. Despite formal complaints, Algerian authorities have failed to investigate his allegations. He has been diagnosed with PTSD and depression, and his family fears for his life. They and his lawyers have faced harassment, including the temporary arrest of his brother during a prison visit in 2024. His appeal remains pending.
Spain has been strongly condemned by human rights organisations for breaching the international principle of non-refoulement, which prohibits returning individuals to countries where they face a real risk of torture or ill-treatment. Spain ignored a UNHCR assessment confirming that Mohamed qualified for international protection, marking a serious violation of humanitarian law and the rights of asylum seekers.
Algerian authorities have also faced widespread condemnation for violating Mohamed Benhalima’s fundamental human rights. These include his right to a fair trial, protection from torture, and freedom of expression. The continued use of military courts to try civilians, torture allegations without investigation, and the use of coerced confessions as evidence raise serious concerns under international human rights law.
As Rightsdefenders, we urge Spain and Algeria to conform to international human rights regulations and to take immediate action for justice and prevent similar occurrences not happen again in line with the current International humanitarian law.
References:
- https://www.amnesty.org.uk/urgent-actions/tortured-whistleblower-sentenced-life
- https://english.elpais.com/international/2022-05-27/the-algerian-activist-who-may-face-the-death-sentence-after-being-deported-by-spain.html
- https://www.aljazeera.com/features/2022/4/6/rights-defenders-slam-spains-deportation-of-algerian-dissident
- https://www.infobae.com/en/2022/03/15/ai-asks-spain-not-to-deport-opposition-mohamed-benhlima-to-algeria/
- https://fr.wikipedia.org/wiki/Mohamed_Benhalima
