CCPR/C/112/D/2026/2011
the absence of satisfactory explanations from the State party, the Committee finds a
violation of article 9 with regard to Rachid Sassene. 18
7.8
The Committee reiterates that persons deprived of their liberty may not be subjected
to any hardship or constraint other than that resulting from the deprivation of liberty and
that they must be treated with humanity and respect for their dignity. In view of Rachid
Sassene’s incommunicado detention and in the absence of information from the State party
in that regard, the Committee finds a violation of article 10, paragraph 1, of the Covenant. 19
7.9
The Committee reiterates its established jurisprudence, 20 according to which the
intentional removal of a person from the protection of the law for a prolonged period of
time may constitute a refusal to recognize him or her 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 (art.
2, para. 3, of the Covenant) have been systematically impeded. In the present case, the
Committee notes that the State party has not furnished any explanation concerning the fate
or whereabouts of Rachid Sassene despite the multiple requests addressed to the State party
by the author. The Committee finds that Rachid Sassene’s enforced disappearance more
than 18 years ago removed him from the protection of the law and deprived him of his right
to be recognized as a person before the law, in violation of article 16 of the Covenant.
7.10 The Committee notes that the State party provided no explanation or justification for
the fact that policemen conducted a search without a warrant in the home of Rachid
Sassene’s family, nor for the fact that they looted and ransacked the family’s home in the
course of that unlawful search. The Committee finds that the conduct of the State officials
and their entry into the Sassene home constitute unlawful interference with the family’s
home, in violation of article 17 of the Covenant. 21
7.11 The Committee recalls the importance it attaches to the establishment by States
parties of appropriate judicial and administrative mechanisms for addressing complaints of
violations of the rights guaranteed under the Covenant. 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 itself, give rise to a separate breach of the Covenant. In the present case,
the family of Rachid Sassene informed the competent authorities, including the Public
Prosecutor, of Mr. Sassene’s disappearance, but the State party has failed to undertake a
thorough and effective investigation into his disappearance, and the author has received
only vague and contradictory information on the matter. Furthermore, the absence of the
legal right to undertake judicial proceedings following the promulgation of Ordinance No.
06-01 implementing the Charter for Peace and National Reconciliation continues to deprive
Rachid Sassene, as well as the author and her family, of any access to an effective remedy,
since the Ordinance prohibits the initiation of legal proceedings to shed light on the most
serious of crimes, including enforced disappearance. 22 The Committee finds that the facts
before it reveal a violation of article 2 (para. 3), read in conjunction with articles 6 (para. 1),
18
19
20
21
22
10
See, inter alia, Mezine v. Algeria, para. 8.7; Khirani v. Algeria, para. 7.7; and Berzig v. Algeria, para.
8.7.
See general comment No. 21, para. 3; Mezine v. Algeria, para. 8.8; communications No. 1780/2008,
Zarzi v. Algeria, Views adopted on 22 March 2011, para. 7.8; and No. 1134/2002, Gorji-Dinka v.
Cameroon, Views adopted on 17 March 2005, para. 5.2.
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 Madoui v. Algeria,
para. 7.7.
Mezine v. Algeria, para. 8.10.
CCPR/C/DZA/CO/3, para. 7.
GE.14-24387