Court records and judgments in North Africa

Algeria: the casier judiciaire

Law 18-06 of 10 June 2018 amended the Algerian code of criminal procedure and was published in Journal Officiel n° 34 ¹. New article 620 states that a central criminal records service, headed by a magistrate, is kept at the Ministry of Justice ¹. This service is the only one competent to keep the records of all persons born outside Algeria, whatever their nationality ¹. For persons born in Algeria, the clerk of the court of the place of birth keeps the fiches (record cards) ¹.

The law sets three bulletins. Bulletin n° 2 is the full list of the bulletin n° 1 cards on one person ¹. It goes to the public prosecution, judges and named ministries. Under article 630 bis, any person may learn the entries on their own bulletin n° 2 on request to the prosecutor, but no copy is handed to them ¹. Bulletin n° 3 lists custodial sentences. Under article 633 it can be requested only by the person concerned, on proof of identity, and given to a third party only under a special power of attorney ¹. It can be issued electronically ¹.

The law keeps a separate criminal record for legal persons. Where there is no conviction or sanction, the bulletin carries the word néant (none) ¹. New article 675 bis states that conviction entries may not in any way bar the recruitment of the persons they concern, subject to conditions in the text ¹.

Morocco: access-to-information appeals

Moroccan administrative courts hear access-to-information disputes. Under article 21 of law 31-13, a requester may appeal to the competent administrative court within 60 days, after the internal complaint and the complaint to the Commission du droit d'accès à l'information ². Article 7 of the same law excludes from access information on judicial procedures that are under way ².

An official text of Morocco's law 38-15 on judicial organisation could not be opened for this page, so the court structure is not described here.

Tunisia: the land court and the administrative court

Tunisia's Tribunal Immobilier (land court) is the only court competent to apply the procedures for updating land titles under law 2001-34 of 10 April 2001 ³. It sits through the chambre des titres gelés (chamber for frozen titles) and the juge du livre foncier (land book judge). Cases go to the court seat for the area where the property is located ³.

The Tribunal Administratif (Administrative Court) hears appeals against decisions of the access to information authority. A guide published by Beit al-Hikma under organic law 22 of 2016 states that either the requester or the public body may appeal an INAI decision to the Administrative Court within 30 days of notification ⁴. The INAI must rule within 45 days, and its decision is binding ⁴.

Egypt: the Court of Cassation portal

The Egyptian Court of Cassation, Mahkamat al-Naqd al-Misriya, runs a portal at cc.gov.eg. The site describes itself as the electronic portal of the Court of Cassation, offering ahkam (judgments), mabadi' (legal principles), news and legal services ⁵.

Company records and court records meet in Egypt's incorporation rules. GAFI's investor service centre guide asks for a commercial register copy no older than three months for many post-incorporation procedures ⁶.

Personal data in court records

Algeria's law 18-07 of 10 June 2018 on personal data protection is in the same Journal Officiel issue as the criminal records reform ¹. Article 22 creates a national authority for personal data protection placed with the President of the Republic ¹. In Morocco, law 31-13 lists private life and personal data among the grounds for refusing access ².

Official sources for Libya and Mauritania on access to court judgments could not be opened for this page. Readers should check with the courts concerned.