CCPR/C/128/D/2819/2016
reparation to individuals whose Covenant rights have been violated. In the present case, the
State party is obliged to: (a) conduct a prompt investigation that is effective, thorough,
independent, impartial and transparent into the disappearance of Abdelhakim Houari and
provide the author with detailed information about the results of its investigation; (b) release
Abdelhakim Houari immediately if he is still being held incommunicado; (c) in the event that
Abdelhakim Houari is deceased, hand over his remains to his family, under decent conditions,
in accordance with the cultural norms and customs of the victims; (d) prosecute, try and
punish those responsible for the violations committed; (e) provide full reparation, including
adequate compensation, to the author, and to Abdelhakim Houari if he is alive; and (f)
provide appropriate satisfaction to the author. 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. It is also under an obligation to take steps to prevent similar violations in the
future. To that end, the Committee is of the view that the State party should review its
legislation in accordance with its obligation under article 2 (2) of the Covenant and, in
particular, repeal the provisions of the aforementioned Ordinance that are incompatible with
the Covenant, to ensure that the rights enshrined in the Covenant can be enjoyed fully in the
State party.
11.
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 present Views. The State
party is also invited to publish the Views and to have them widely disseminated in the official
languages of the State party.
GE.20-12768
11