CCPR/C/128/D/2893/2016 before the law if the victim was in the hands of the State authorities when last seen, and if the efforts of relatives to obtain access to effective remedies, including judicial remedies, have been systematically impeded. In this connection, they refer to the Committee’s concluding observations on the second periodic report of Algeria under article 40 of the Covenant,16 in which the Committee established that disappeared persons who are still alive and held incommunicado have their right to recognition as persons before the law, as enshrined in article 16 of the Covenant, violated. They therefore assert that, in keeping Mourad Bendjael in detention without formally notifying his family and relatives, the Algerian authorities removed him from the protection of the law and deprived him of his right to recognition as a person before the law, in violation of article 16 of the Covenant, read alone and in conjunction with article 2 (3). 3.11 Recalling that article 17 of the Covenant protects individuals from arbitrary or unlawful interference with their privacy, home or correspondence, and invoking the Committee’s jurisprudence, 17 the authors argue that the search of their home by military security forces, which was conducted with brutality and without a warrant two days after Mourad Bendjael’s arrest, coupled with the lack of access to an effective remedy, constitute a violation by the State party of article 17 of the Covenant, read alone and in conjunction with article 2 (3), in their regard. 3.12 Lastly, the authors recall that article 46 of Ordinance No. 06-01 prohibits collective expression by the families of disappeared persons and human rights defenders, including during political meetings and demonstrations, in violation of the right of peaceful assembly set out in article 21 of the Covenant. They therefore claim that they are victims of a violation of their right of peaceful assembly. 3.13 The authors request the Committee to find that the State party has violated article 2 (3) as well as articles 6, 7, 9, 10 and 16 of the Covenant with regard to Mourad Bendjael; article 2 (2) and (3) as well as articles 7, 14, 17 and 21 of the Covenant with regard to Malika Bendjael; and article 2 (2) and (3) as well as 7, 9, 10, 17 and 21 of the Covenant with regard to Merouane Bendjael. In addition, they request that the Committee urge the State party to respect its international commitments and give effect to the rights recognized in the Covenant and in all the international human rights conventions ratified by Algeria. They also ask the Committee to request the State party to order that independent and impartial inquiries be conducted with the aim of: (a) finding Mourad Bendjael and adhering to its commitment under article 2 (3) of the Covenant; (b) bringing the instigators and perpetrators of this enforced disappearance before the competent civil authorities to face prosecution in line with article 2 (3) of the Covenant; and (c) providing Mourad Bendjael, if he is still alive, and the authors with adequate, effective and prompt reparation for the harm suffered, in accordance with article 2 (3) and article 9 of the Covenant, including appropriate compensation commensurate with the seriousness of the case, full rehabilitation and guarantees of nonrepetition. With regard to Merouane Bendjael, the authors request the Committee to order the State party to provide him with adequate, effective and prompt reparation for the harm suffered, in accordance with article 2 (3) and article 9 of the Covenant. Lastly, they ask the Committee to urge the Algerian authorities to repeal articles 27 to 39, 45 and 46 of Ordinance No. 06-01. State party’s observations on admissibility 4. On 3 April 2017, the State party invited the Committee to refer to the background memorandum of the Government of Algeria on the handling of disappearances in the light of the implementation of the Charter for Peace and National Reconciliation, without appending a copy. 16 17 GE.20-14556 CCPR/C/79/Add.95, para. 10. Mezine v. Algeria (CCPR/C/106/D/1779/2008), para. 8.10 and Boudjemai v. Algeria (CCPR/C/107/D/1791/2008), para. 8.10. 7