CCPR/C/120/D/2267/2013
18 April 1998, three to the Office of the Ombudsman and one to the Minister of Justice. He
received several replies from various authorities and was invited to a meeting by the
Observatory on 30 December 1998 and by its successor, the National Advisory Commission
for the Promotion and Protection of Human Rights, on 4 February 2003. He also received
two letters from the chief of the district of Dellys (dated 24 April 2006 and 11 April 2007). In
addition, the Head of Government wrote to him on 20 November 2006 informing him that his
request had been transmitted to the Commission.
2.9
On 20 February 2008, the author sent another letter to the President of the Republic,
Abdelaziz Bouteflika. On 12 March 2008, he wrote to the Minister of Justice, the Minister of
the Interior, the governor of Boumerdès and the Commission. Aside from the letter from the
Head of Government, dated 18 May 2008, informing him that his letter had been transmitted
to the Commission, the author has not received any pertinent reply and all his efforts have
been in vain.1
2.10 The author also had recourse to the courts. On 18 April 1998, he filed complaints with
the prosecutor general of the Algiers Court of Justice and the public prosecutor at the Dellys
Court with requests for searches to be mounted in order to locate Youcef Khelifati.
2.11 Further to the complaints, the author was summoned on 7 June 1998 to appear before
the public prosecutor attached to the Dellys Court in a letter dated 31 May 1998, but the
complaint was rejected. The file was transferred to the investigating judge of the Blida
Military Court, and the author was then summoned to appear before that court on 20
February 2000. However, the author was to learn from a record of proceedings dated 10
February 2001 that he could call on the court within 24 hours to find that the case had been
dismissed.
2.12 On 1 February 2003, the author was summoned to appear before the prosecutor
general of the Algiers Court of Justice. Although he appeared, no action was taken on the
case.
2.13 On 2 June 2007, the governor of Boumerdès sent a letter to the author, urging him to
accept the compensation offered and to stop requesting information on his son’s fate. The
author replied on 27 June 2007, emphatically refusing any compensation until he obtained the
truth about his son’s fate. On 29 August 2007, the Office of the President also sent the author
a letter, inviting him to go to the court nearest his home to file an application for
compensation. Subsequently, the governor sent two telexes, on 7 February and 13 June 2009,
in which the author was invited to the reception and counselling office to prepare a
compensation application. The author has found this hounding so intolerable that he has gone
before these authorities on several occasions to make it clear in person that he did not want
any compensation, as the one thing that mattered to him was to know the fate of his son.
2.14 A certificate of disappearance was issued to the author on 27 August 2006 by the
police station in Dellys. Two new complaints were then filed with the public prosecutor at the
Dellys Court, on 20 June 2007 and 12 March 2008. However, the public prosecutor decided
to take no further action on them. On 29 November 2011, following the death of
Superintendent B., who had been involved in the victim’s arrest on 20 June 1994, the
prosecutor decided to close the case.
2.15 The case of Youcef Khelifati was submitted to the Working Group on Enforced or
Involuntary Disappearances on 9 December 2002.
The complaint
3.1
The author claims that Youcef Khelifati is the victim of enforced disappearance
attributable to the State party as defined under article 2 of the International Convention for
the Protection of All Persons from Enforced Disappearance. The author considers that his
son’s enforced disappearance since 20 June 1994 constitutes the following: (a) a violation of
articles 2 (2) and (3), 6, 7, 9, 10 and 16 of the Covenant, with regard to Youcef Khelifati; and
(b) a violation of article 2 (2), and of article 7 read in conjunction with article 2 (3), of the
Covenant, with regard to the author and his family.
1
GE.17-16622
All the letters are included in the file.
3