CCPR/C/122/D/2398/2014
recommendation that it should be brought into line with the Covenant 8 (see the
Committee’s concluding observations on the State party’s third periodic report). The
Committee therefore concludes that article 5 (2) (b) of the Optional Protocol is not an
obstacle to the admissibility of the present communication.
6.4
The Committee notes that the author alleges violations that raise issues under
articles 2 (2) and (3), 6, 7 read alone and in conjunction with article 2 (3), 9, 10, 16 and 21
of the Covenant.
6.5
The Committee notes that the author claims a violation of article 2 (2) and (3) of the
Covenant in his regard and in regard of Mohamed Millis. The Committee recalls that the
provisions of article 2 (2) of the Covenant lay down general obligations for States parties
which cannot give rise, when invoked separately, to a claim in a communication. 9 This part
of the communication is therefore inadmissible under article 3 of the Optional Protocol.
6.6
The Committee notes that the author also devotes a paragraph to article 14 of the
Covenant. It notes, however, that the author does not specifically allege any violation of
that article with respect to him or to Mohamed Millis and therefore will not consider that
issue on the merits.
6.7
The Committee notes that the author has also claimed a violation of article 21 of the
Covenant. The Committee considers that the author has failed to sufficiently substantiate
his claim of a violation of article 21 of the Covenant and notes that the author does not
appear to have taken any legal steps with regard to the alleged attacks on his freedom to
demonstrate. Consequently, this part of the communication is inadmissible under articles 2
and 5 (2) (b) of the Optional Protocol.
6.8
Nevertheless, the Committee considers that the allegations that raise issues under
articles 6 and 7 read alone and in conjunction with article 2 (3) and articles 9, 10 and 16 of
the Covenant have been sufficiently substantiated. The Committee therefore proceeds to
consider the communication on the merits with regard to the alleged violations of articles 6,
7, 9, 10 and 16 of the Covenant.
Consideration of the merits
7.1
The Human Rights Committee has considered the present communication in the
light of all the information made available to it by the parties, as required under article 5 (1)
of the Optional Protocol.
7.2
The Committee notes that the State party has merely referred to its collective and
general comments, which it has previously transmitted to the Working Group on Enforced
or Involuntary Disappearances and the Committee in relation to other communications, in
order to confirm its position that such cases have already been settled through the
implementation of the Charter for Peace and National Reconciliation. The Committee refers
to its jurisprudence and recalls that the State party may not invoke the provisions of the
Charter against persons who invoke provisions of the Covenant or who have submitted, or
may submit, communications to the Committee. The Covenant demands that the State party
concern itself with the fate of every individual and treat every individual with respect for
the dignity inherent in every human being. 10 Given that the amendments recommended by
the Committee have not been introduced, Ordinance No. 06-01 on the implementation of
the Charter for Peace and National Reconciliation contributes, in the present case, to
impunity and cannot be considered compatible with the provisions of the Covenant.11
7.3
The Committee notes that the State party has not replied to the author’s claims
concerning the merits of the case and recalls its jurisprudence, according to which the
burden of proof should not lie solely with the author of a communication, especially given
8
9
10
11
GE.18-10582
See CCPR/C/DZA/CO/3, paras. 7, 8 and 13.
See Poliakov v. Belarus (CCPR/C/111/D/2030/2011), para. 7.4; Castañeda v. Mexico
(CCPR/C/108/D/2202/2012), para. 6.8; A.P. v. Ukraine (CCPR/C/105/D/1834/2008), para. 8.5; and
Peirano Basso v. Uruguay (CCPR/C/100/D/1887/2009), para. 9.4.
See Zair v. Algeria, para. 7.2; and Ammari v. Algeria, para. 8.2.
See Ammari v. Algeria, para. 8.2.
9