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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