CCPR/C/128/D/2893/2016 effective investigation into his disappearance, nor did it apprise the authors of the progress of the search and investigation efforts undertaken or of the fate of Mourad Bendjael. Furthermore, the legal impossibility of applying to a judicial body since the promulgation of Ordinance No. 06-01 continues to deprive Mourad Bendjael and the authors of any access to an effective remedy, given that the Ordinance prohibits use of the justice system to shed light on the worst offences, including enforced disappearance.41 The Committee finds that the facts before it reveal a violation of article 2 (3), read in conjunction with articles 6, 7, 9 and 16 of the Covenant, with regard to Mourad Bendjael, and of article 2 (3), read in conjunction with articles 7 and 17 of the Covenant, with regard to the authors. 9. The Committee, acting under article 5 (4) of the Optional Protocol, is of the view that the facts before it disclose a violation by the State party of articles 6, 7, 9 and 16 of the Covenant, and of article 2 (3) read in conjunction with articles 6, 7, 9 and 16 of the Covenant, with regard to Mourad Bendjael. It also finds a violation by the State party of articles 7 and 17, read alone and in conjunction with article 2 (3) of the Covenant, with regard to the authors, and of article 14 of the Covenant with regard to Malika Bendjael. 10. Pursuant to article 2 (3) (a) of the Covenant, the State party is under an obligation to provide the authors with an effective remedy. It is required to grant full reparation to individuals whose Covenant rights have been violated. In the present case, the State party is obliged to: (a) conduct a prompt, effective, thorough, independent, impartial and transparent investigation into the disappearance of Mourad Bendjael and provide the authors with detailed information about the results of its investigation; (b) release Mourad Bendjael immediately if he is still being held incommunicado; (c) in the event that Mourad Bendjael is deceased, hand over his remains to his family in a dignified manner, in accordance with the cultural norms and customs of the victims; (d) prosecute, try and punish those responsible for the violations committed; (e) provide the authors and Mourad Bendjael, if he is alive, with full reparation, including adequate compensation; (f) provide appropriate satisfaction for the authors; and (g) ensure that Merouane Bendjael has access to a procedure to obtain compensation for harm suffered, in view of his acquittal on 22 April 1999. 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 all steps necessary to prevent similar violations from occurring in the future. To this end, the Committee is of the view that the State party should review its legislation in the light of 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 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 and subject to its jurisdiction the rights recognized in the Covenant and to provide an effective and enforceable remedy when it is determined that a violation has occurred, 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 requested to publish them and have them widely disseminated in its official languages. 41 GE.20-14556 CCPR/C/DZA/CO/3, para. 7. 13

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