CCPR/C/112/D/2117/2011
from 17 October to 18 November 1995, the date on which Hacen Louddi was taken from
his cell and never seen again.
2.6
Despite such testimony, on 27 October 1999 the investigating judge issued an order
for dismissal of proceedings on the grounds that the parties responsible for Hacen Louddi’s
disappearance were unknown. On 14 December 1999, following an appeal lodged by
Hacen Louddi’s spouse, a ruling was handed down by the indictments chamber of the
Algiers Court of Appeals. The ruling invalidated the order for dismissal of proceedings and
returned the case to the investigating judge for supplementary investigation, with
instructions to check the records at the Châteauneuf PCO to find out who was working
there at the time of the events and to bring them face to face with the witnesses. On 27 June
2004, a request for judicial assistance was addressed to the director of security services in
the wilaya of Algiers in order to establish the identity of the employees at the time of the
events, but this request remained unanswered. On 25 December 2004, the prosecution
issued a second order for dismissal of proceedings on the grounds that Hacen Louddi’s
name was not in the lists of persons detained in 1995 that were kept by the crime control
bureau of the national security forces. On 29 December 2004, Hacen Louddi’s spouse
appealed this order. On 1 February 2005, the indictments chamber of the Algiers Court of
Appeal, considering that “the investigating judge has not fulfilled all necessary tasks in
respect of the closure of the case”, invalidated the order for dismissal of proceedings and
again sent the case back to the same investigating judge.
2.7
Meanwhile, in order to take advantage of the compensation payable to the families
of victims of the “national tragedy”, Hacen Louddi’s spouse requested official certification
of her husband’s disappearance, which was provided by the Directorate-General of
National Security on 8 May 2006. Another certificate of disappearance was issued by the
national gendarmerie on 18 October 2006 following a request by the disappeared person’s
father.
2.8
On 27 March 2007, a third order for dismissal of proceedings was issued by the
investigating judge based on the fact, among others, that after the issuance of official
certification of the victim’s disappearance, his spouse was able to receive compensation
without needing to engage in judicial proceedings. On 29 April 2007, the indictments
chamber of the Algiers Court of Appeal upheld this order. The spouse of the disappeared
person entered a notice of appeal before the Algerian Supreme Court. This was rejected on
29 September 2009 on the grounds that the order for dismissal of proceedings had been
correctly reasoned, in that it concluded that the investigations had been fruitless because it
had not been possible to identify those responsible for Hacen Louddi’s disappearance.
2.9
In parallel with these judicial proceedings, on 21 October 2007, the family affairs
office of the Court of Algiers officially acknowledged that Hacen Louddi had been missing
since 9 April 1995. On 4 March 2008, a receipt for a compensation request was made out to
the disappeared person’s spouse.
2.10 In addition, the author has written many times to the National Human Rights
Observatory and the National Advisory Commission for the Promotion and Protection of
Human Rights, but these letters have remained unanswered.
The complaint
3.1
The author alleges that her son was the victim of enforced disappearance attributable
to the State party as defined by article 7, paragraph 2 (i), of the Rome Statute of the
International Criminal Court and article 2 of the International Convention for the Protection
of All Persons from Enforced Disappearance. He disappeared on 9 April 1995 after being
arrested by police officers acting in an official capacity and after being detained in the
Châteauneuf PCO, an institution under the authority of the State party.
4
GE.14-22809