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- Year: 1992
- Country: Algeria
- Language: English
- Document Type: Domestic Law or Regulation
PRESIDENTIAL DECREE NO. 92-44 DATED IN SHABAAN 5 TH 1412 CORRESPONDING T O FEBRUARY 9 TH
1992 DECLARING THE S TATE OF EMERGENCY
The President of the State's Supreme Council,
By reference to the Constitution, particularly articles 74 -6, 86 and 116- 1,
The dec laration of the Constitutional Council on Rajab 9
th 1412 AH corresponding to January 14 th 1992,
The deliberation No. 92 -01/SSC dated on January 19
th entitling the President of the State's Supreme
Council to sign all the organizational and individual resolutions and to chair the Cabinet of Ministers,
And by consideration of the serious and constant detriment to public order reported in many spots of
the national soil,
And by consideration of the threats to the stability of institutions and the repeated an d critical
infringement of the people's security and civil peace,
Following the convention of the Higher Security Council,
And upon the advice of the Prime Minister and the Head of the Constitutional Council,
And the deliberation of the State's Supreme Council,
The following is resolved;
The state of emergency shall be declared for twelve (12) months throughout the entire national territory
as of February 9
It may be lifted ahead of the scheduled expiry of this period.
ARTICL E (2):
The state of emergency shall be intended to restore public order, better ensure the safety of people and
properties and guarantee the proper functioning of the public authorities.
The Government shall take all the organizational mea sures within its scope of competency to respond to
the purpose for which the state of emergency has been declared.
The Minister of Interior and the local groups throughout the entire national soil or part of it, and the
governor, within his constituency, shall be entitled to take measures to preserve the public order or
restore it through resolutions issued in accordance with the following provisions and in line with the
The Minister of Interior and the local groups may order the placement of any adult person, whose
activity has proved to have been jeopardizing the public order or security or the proper functioning of
the public interests, in confined specific and safe place.
The stat e of emergency may enter effect by virtue of the authorization given to the Minister of Interior
and the local groups throughout the national territory. A governor may, within his governorate and in
light of the government instructions, have the power to u ndertake the following:
1 . Determine or ban the movement of people and cares in specific areas at specific times;
2 . Organize the transfer and distribution of food commodities and essential goods;
3 . Establish regular residency areas for the non -residents;
4 . Prev ent the residence or place under house arrest every adult person whose activity has proved
to have been damaging to the public order or the functioning of the public interests;
5 . Employ workers to carry out their regular professional activity in case an unpe rmitted or illegal
strike took place. This employment may involve public or private institutions to provide services
of public interest; and
6 . Order, exceptionally, to undertake day or night inspections.
The Minister of Interior and the loca l groups, along with the regionally competent governor shall be
authorized to order, through a resolution, the temporary closure of entertainment theatres and the
gathering places of any nature and ban any demonstration that is likely to involve acts of disturbance to
public order and peace.
Upon obstruction of the legal activity of the public authorities or the impediment of such activity by
evident hampering acts claimed by local councils or municipal executive entities, the government shall,
when necessary, take the actions to suspend or dissolve such bodies.
In this case, the ruling authority shall appoint executive representatives at the level of the concerned
regional groups provided that the latter's term is renewed through elections .
The Minister of Interior and the local authorities may mandate, through an authorization, the military
authorities to undertake operations sought at restoring security at the local level or in specific regional
ARTICLE (1 0)
The Military Courts shall be reported on the gross crimes and felonies committed against the State's
security no matter what capacity was claimed by those who incited, committed or participated in such
The precautions and restric tions stipulated herein shall be lifted once the state of emergency terminates
except for the judicial prosecutions without prejudice to the provisions of article 8 herein.
This decree shall be published in the official gazette of the Popu lar Democratic Republic of Algeria.
Executed in Algiers in February 9
Mohammed Bou Dhiyaf