CCPR/C/112/D/2026/2011
7, 9, 10 (para. 1), 16 and 17, with regard to Rachid Sassene, and of article 2 (para. 3), read
in conjunction with article 7, with regard to the author.
8.
The Human Rights Committee, acting under article 5, paragraph 4, of the Optional
Protocol to the International Covenant on Civil and Political Rights, is of the view that the
information before it discloses a violation by the State party of articles 6 (para. 1), 7, 9, 10
(para. 1), 16 and 17 of the Covenant, as well as of article 2 (para. 3), read in conjunction
with articles 6 (para. 1), 7, 9, 10 (para. 1), 16 and 17, with regard to Rachid Sassene. The
Committee also finds a violation by the State party of article 7 of the Covenant, read alone
and in conjunction with article 2 (para. 3), with regard to the author.
9.
In accordance with article 2, paragraph 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) carrying out a thorough and effective investigation into the disappearance of Rachid
Sassene and providing the author and her family with detailed information about the results
of its investigation; (b) releasing Rachid Sassene immediately if he is still being held
incommunicado; (c) in the event that he is deceased, returning his remains to his family; (d)
prosecuting, trying and punishing those responsible for the violations that were committed;
(e) providing adequate compensation to the author for the violations perpetrated against her,
and to Rachid Sassene, if he is alive; and (f) providing appropriate satisfaction for the
author and her family. Notwithstanding the terms of Ordinance No. 06-01, the State party
should ensure that it does not impede enjoyment of the right to an effective remedy for
crimes such as torture, extrajudicial killings and enforced disappearances. The State party is
also under an obligation to take steps to prevent similar violations in the future.
10.
Bearing in mind that, by becoming a party to the Optional Protocol, the State party
has recognized the competence of the Committee to determine whether or not there has
been a violation of the Covenant and that, pursuant to article 2 of the Covenant, the State
party has undertaken to ensure to all individuals within its territory or subject to its
jurisdiction the rights recognized in the Covenant and to provide an effective and
enforceable remedy when a violation has been established, the Committee wishes to receive
from the State party, within 180 days, information about the measures taken to give effect
to the Committee’s Views. The State party is also requested to publish the present Views
and to have them widely disseminated in the official languages of the State party.
GE.14-24387
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