CCPR/C/112/D/2117/2011
that person as a person before the law if the victim was in the hands of the State authorities
when last seen and if the efforts of his or her relatives to obtain access to potentially
effective remedies, including judicial remedies (Covenant, art. 3, para. 2) have been
systematically impeded.24 In the present case, the Committee notes that the State party has
not furnished any explanation concerning the fate of Hacen Louddi, despite the multiple
requests made by the author and her family to that effect. The Committee concludes that the
enforced disappearance of Hacen Louddi nearly 20 years ago removed him from the
protection of the law and deprived him of his right to recognition as a person before the law,
in violation of article 16 of the Covenant.
7.10 In light of the above, the Committee will not consider the claims based on the
violation of article 23 (para. 1) of the Covenant separately.
7.11 The author invokes article 2 (para. 3) of the Covenant, which imposes on States
parties the obligation to ensure an effective remedy for all persons whose Covenant rights
have been violated. The Committee attaches importance to the establishment by States
parties of appropriate judicial and administrative mechanisms for addressing claims of
rights violations. It refers to its general comment No. 31 (2004) on the nature of the general
legal obligation imposed on States parties to the Covenant, according to which the failure
by a State party to investigate allegations of violations could in and of itself give rise to a
separate breach of the Covenant. In the present case, although Hacen Louddi’s family
repeatedly contacted the competent authorities regarding the latter’s disappearance, the
investigation conducted by the State prosecutor led nowhere and cannot be considered an
effective investigation. Furthermore, the absence of the legal right to undertake judicial
proceedings since the promulgation of Ordinance No. 06-01 implementing the Charter for
Peace and National Reconciliation deprives the author and her family of access to an
effective remedy, because the Ordinance prohibits the initiation of legal proceedings to
shed light on the most serious crimes, such as enforced disappearance. 25 The Committee
concludes that the facts before it reveal a violation of article 2 (para. 3) of the Covenant,
read in conjunction with articles 6 (para. 1), 7, 9, 10 (para. 1) and 16, with regard to Hacen
Louddi, as well as of article 2 (para. 3) of the Covenant, read in conjunction with article 7,
with regard to the author and her family.
8.
The Human Rights Committee, acting under article 5 (para. 4) of the Optional
Protocol to the International Covenant on Civil and Political Rights, is of the view that the
information before it discloses violations by the State party of articles 6 (para. 1), 7, 9, 10
(para. 1) and 16 of the Covenant, read alone and in conjunction with article 2 (para. 3), with
regard to Hacen Louddi. It also finds a violation by the State party of articles 7 of the
Covenant, read alone and in conjunction with article 2 (para. 3), with regard to the author
and her family.
9.
In accordance with article 2 (para. 3) of the Covenant, the State party is under an
obligation to provide the author and her family with an effective remedy, including by: (a)
conducting a thorough and effective investigation into the disappearance of Hacen Louddi
and providing the author and her family with detailed information about the results of its
investigation; (b) releasing Hacen Louddi immediately if he is still being detained
incommunicado; (c) in the event that Hacen Louddi is deceased, handing over his remains
to his family; (d) prosecuting, trying and punishing those responsible for the violations
committed; and (e) providing adequate compensation to the author and her family for the
violations suffered and to Hacen Louddi, if he is still alive. Notwithstanding the terms of
24
25
GE.14-22809
See Mezine v. Algeria, para. 8.9; Khirani v. Algeria, para. 7.9; Berzig v. Algeria, para. 8.9; Zarzi v.
Algeria, para. 7.9; Benaziza v. Algeria, para. 9.8; Atamna v. Algeria, para. 7.8; and communication
No. 1495/2006, Madoui v. Algeria, Views adopted on 28 October 2008, para. 7.7.
CCPR/C/DZA/CO/3, para. 7.
11