CCPR/C/120/D/2267/2013
3.6
Recalling that Youcef Khelifati was arrested without a warrant on 20 June 1994 by
police officers of the anti-terrorist squad, that he was then held incommunicado without
access to a lawyer, without being informed of the grounds for his arrest or of the charges
against him, that his detention was not entered into the police custody register and that there
is no official record of his whereabouts or fate, the author states that Youcef Khelifati was
deprived of his right to liberty and security of person and that the investigations were not as
efficient or effective as they should have been. Accordingly, the author contends that the
State party is responsible for a violation of article 9 of the Covenant with regard to Youcef
Khelifati.
3.7
In the light of the disappearance, the lack of a thorough investigation and the fact that
enforced disappearance is often followed by incommunicado detention, the author considers
that the State party is also responsible for a violation of article 10 of the Covenant with
regard to Youcef Khelifati.
3.8
Recalling that the Algerian authorities have never provided clear information on
Youcef Khelifati’s fate and that they intentionally denied him the protection of the law, the
author claims that the victim’s dignity and legal personality have been flouted, in violation of
his right to recognition as a person before the law, as guaranteed under article 16 of the
Covenant.
3.9
The author requests the Committee to order the State party to: (a) find that Algeria has
violated articles 2 (2) and (3), 6, 7, 9, 10 and 16 of the Covenant, with regard to Youcef
Khelifati, and article 2 (2), together with article 7 read in conjunction with article 2 (3), with
regard to the author and his family; (b) locate Youcef Khelifati; (c) bring the perpetrators of
the enforced disappearance before the competent civil authorities for prosecution; and (d)
provide Youcef Khelifati, if he is still alive, and his family with adequate, effective and
prompt reparation for harm suffered, including appropriate compensation commensurate with
the seriousness of the case, full rehabilitation and guarantees of non-recurrence.
State party’s failure to cooperate
4.
On 11 July 2013, 28 February 2014, 17 June 2014 and 20 November 2014, the State
party was requested to submit its observations on the admissibility and merits of the
communication. The Committee notes that this information has not been received. It regrets
the State party’s refusal to provide any information on the admissibility and/or merits of the
author’s claims. It recalls6 that, in accordance with article 4 (2) of the Optional Protocol, the
State party concerned is required to submit to the Committee written explanations or
statements clarifying the matter and indicating the measures, if any, that have been taken by
the State to remedy the situation.
Issues and proceedings before the Committee
Consideration of admissibility
5.1
Before considering any claim contained in a communication, the Human Rights
Committee must decide, in accordance with rule 93 of its rules of procedure, whether the
communication is admissible under the Optional Protocol to the Covenant.
5.2
As required under article 5 (2) (a) of the Optional Protocol, the Committee has
ascertained that the same matter is not being examined under another procedure of
international investigation or settlement. The Committee notes that the disappearance was
reported to the Working Group on Enforced or Involuntary Disappearances. However, it
recalls that extra-conventional procedures or mechanisms established by the Human Rights
Council to examine and report publicly on human rights situations in specific countries or
territories or on cases of widespread human rights violations worldwide do not generally
constitute an international procedure of investigation or settlement within the meaning of
article 5 (2) (a) of the Optional Protocol. 7 Accordingly, the Committee considers that the
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7
GE.17-16622
See communication No. 2157/2012, Belamrania v. Algeria, Views adopted on 27 October 2016, para. 4.
See, inter alia, communications No. 2098/2011, Ammari v. Algeria, Views adopted on 30 October 2014;
No. 2026/2011, Sassene v. Algeria, Views adopted on 29 October 2014; No. 1791/2008, Boudjemai v.
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