CCPR/C/121/D/2283/2013
on States parties to the Covenant, in which it states that a failure by a State party to
investigate allegations of violations could in and of itself give rise to a separate breach of
the Covenant. In this case, the family of Mahmoud Boudjema reported his disappearance to
the competent authorities; the State party did not carry out a thorough and effective
investigation into his disappearance and the author’s family received no information.
Furthermore, the legal impossibility of applying to a judicial body since the promulgation
of Ordinance No. 06-01 continues to deprive Mahmoud Boudjema, the author and his
family of any access to an effective remedy, given that the Ordinance prohibits using the
justice system to shed light on the worst offences, including enforced disappearance (see
CCPR/C/DZA/CO/3, para. 7). The Committee finds that the facts before it reveal a
violation of article 2 (3), read in conjunction with articles 6 (1), 7, 9 and 16, with regard to
Mahmoud Boudjema and of article 2 (3) read in conjunction with article 7 with regard to
the author.
9.
The Human Rights Committee, acting under article 5 (4) of the Optional Protocol to
the International Covenant on Civil and Political Rights, is of the view that the information
before it discloses a violation by the State party of articles 6 (1), 7, 9 (1–4), 16 and 17 of the
Covenant as well as of article 2 (3), read in conjunction with articles 6 (1), 7, 9 (1–4), 16
and 17, with regard to Mahmoud Boudjema. It also finds a violation by the State party of
articles 7 and 17 of the Covenant, read alone and in conjunction with article 2 (3), with
regard to the author.
10.
In accordance with article 2 (3) (a) of the Covenant, the State party is under an
obligation to provide the author with an effective remedy. This provision requires that
States parties make full reparation to individuals whose Covenant rights have been violated.
In the present case, the State party is in particular obliged to: (a) conduct an in-depth,
thorough and impartial investigation into the disappearance of Mahmoud Boudjema and
provide the author and his family with detailed information about the results of its
investigation; (b) release Mahmoud Boudjema immediately if he is still being held
incommunicado; (c) in the event that Mahmoud Boudjema is deceased, hand over his
remains to his family; (d) prosecute, try and punish those responsible for the violations that
have been committed; (e) provide adequate compensation to the author for the violations
perpetrated against him, and to Mahmoud Boudjema, if he is alive; and (f) provide
appropriate satisfaction for the author and his family. 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 mind of its obligation under article 2 (2) and, in particular,
repeal the provisions of Ordinance No. 06-01 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 or not 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, the Committee wishes to receive from
the State party, within 180 days, information about the measures taken to give effect to the
Committee’s Views. The State party is also requested to publish the present Views and to
have them widely disseminated in the official languages of the State party.
GE.17-21416
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