Saad Djabelkhir is an expert in the study of Sufi Islam and an islamologist. Due to his religious stances, he has been the target of pressure and threats since May 2019. He complained to the prosecutor of the Boufarik court on May 22, 2019, but to no avail.
Djabelkhir developed teleological arguments on the customs of pilgrimage and sheep sacrifice, the stories mentioned in the Koran, which in his opinion aim to “convey the moral values of society, and not to give the chronology of historical facts,” and the admissibility of some Hadiths in four publications that he posted on his Facebook page between January 10 and 13, 2020.
After these comments, a group of attorneys and a computer science instructor complained to the investigating judge of the Court of First Instance of Sidi Mhamed on January 19, 2020. The complainants think he insulted and used disrespectful language when referring to Islam.
Djabelkhir had never been served with a police summons prior to the start of his trial, and neither the prosecutor nor the investigating judge had ever spoken with him. On the other hand, the investigating judge heard from the plaintiffs on February 26, 2020. Djabelkhir wasn’t made aware of the date of his trial until the instructor whose complaint was brought against him posted the information on Facebook.
Djabelkhir voluntarily appeared before the Court of First Instance of Sidi Mhamed on April 1, 2021. On that day, he learned that he was being investigated under article 144 bis 2 of the Criminal Code for “insulting the prophet of Islam” and “defaming the faith or morals of Islam.”
Djabelkhir’s attorneys argued during the trial that the complaint against him was invalid since it was brought by an individual rather than the public prosecutor. Also, the defendant did not have sufficient time to make all of his arguments. The discussions centered on how to interpret the defendant’s Facebook posts.
The Sidi Mhamed court of first instance condemned Djabelkhir to three years in prison as well as a fine of 50,000 DA on April 22, 2021. But after the verdict was announced, the Court did not issue a detention order. The verdict has been challenged by his attorneys.
The UN Human Rights Committee criticized the use of Article 144 bis 2 in Djabelkhir’s prosecution and conviction. The Committee observed that this provision, among others, continues to “criminalize or fine actions connected to the exercise of freedom of speech” in its 2018 Concluding Remarks on Algeria’s fourth periodic report.
In general, it’s important to remember the recommendations made in the Rabat Action Plan, which claims that “blasphemy laws are counterproductive because they can lead to the de facto censorship of any dialogue, debate, and also criticism regarding inter-religious and intra-religious/belief, most of which can be constructive, healthy, and necessary.”
On April 29, 2021, the MENA Rights Group urgently appealed to the UN Special Rapporteurs on freedom of religion or belief and the promotion and protection of the right to freedom of opinion and expression because they believed that Djabelkhir’s conviction might have a chilling effect on the exercise of fundamental rights in relation to public and academic debates in Algeria.
On February 1, 2023, Djabelkhir is acquitted on appeal by the Court of Algiers’ Criminal Division.