CCPR/C/112/D/2026/2011
4.2
The State party further points out that the Rachid Sassene case is still pending, being
under consideration by the Working Group on Enforced or Involuntary Disappearances of
the Human Rights Council. It recalls that it is one of 2,704 cases of alleged disappearance
in Algeria that are being examined by the Working Group. The Working Group has
compared this list and the list officially drawn up by the State party of cases of victims of
the national tragedy that have been settled under the provisions of the Charter for Peace and
National Reconciliation. In the lists prepared by the Government of the State party, Rachid
Sassene appears as: “deceased: armed member of a terrorist group eliminated during a
counter-terrorist operation”. The State party points out, however, that “in the absence of
any formal application for compensation from the beneficiaries”, it had not been possible to
process the present case under the Charter for Peace and National Reconciliation. The State
party notes that contacts, exchanges of correspondence and formal meetings between the
Government and the Working Group are still in progress.
4.3
The State party also recalls that the alleged enforced disappearance of Rachid
Sassene falls into the category of allegations of violations committed in the context of the
antiterrorism struggle during the period of the national tragedy, which have already been
addressed by the domestic settlement mechanism provided for in the Charter for Peace and
National Reconciliation.
4.4
The State party concludes that the communication is inadmissible.
The author’s comments on the State party’s submission
5.1
On 12 March 2012, the author submitted comments on the State party’s observations
on the admissibility of the communication.
5.2
The author points out that, since the State party has not contested the allegations set
forth in the communication, the Committee must afford due weight to the conclusions
reached by the author in her communication and consider that all the allegations have been
sufficiently substantiated.
Issues and proceedings before the Committee
Consideration of admissibility
6.1
The Committee points out that the Special Rapporteur’s decision not to separate the
decisions on admissibility and the merits (see para. 1.2 above) does not mean that the
Committee cannot consider the two matters separately. Before considering any claim
contained in a communication, the 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.
6.2
As required under article 5, paragraph 2 (a), of the Optional Protocol, the Committee
has ascertained that the same matter is not being examined under any other procedure of
international investigation or settlement. The Committee notes in this regard that the State
party is of the view that the case of Rachid Sassene is currently being considered by the
Working Group on Enforced or Involuntary Disappearances and that this communication is
not admissible. 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, paragraph 2 (a), of the Optional Protocol. 10
10
GE.14-24387
See, inter alia, communications No. 1791/2008, Boudjemai v. Algeria, Views adopted on 22 March
2013, para. 7.2; No. 1779/2008, Mezine v. Algeria, Views adopted on 25 October 2012, para. 7.2; No.
7