CCPR/C/121/D/2283/2013
7.2
The Committee has ascertained that the same matter is not being examined under
another procedure of international investigation or settlement for purposes of article 5 (2) (a)
of the Optional Protocol. The Committee notes that the disappearance was reported to the
Working Group on Enforced or Involuntary Disappearances. However, it recalls that extraconventional procedures or mechanisms established by the Human Rights Council to
examine and report publicly on human rights situations in specific countries or territories or
on cases of widespread human rights violations worldwide do not generally constitute an
international procedure of investigation or settlement within the meaning of article 5 (2) (a)
of the Optional Protocol.3 Accordingly, the Committee considers that the examination of
Mahmoud Boudjema’s case by the Working Group on Enforced or Involuntary
Disappearances does not render the communication inadmissible under this provision.
7.3
The Committee notes that the author alleges that remedies have been exhausted. It
notes that, by way of disputing the admissibility of the communication, the State party has
simply referred to its background memorandum on the treatment of disappearances in the
light of the Charter for Peace and National Reconciliation. The Committee notes that the
author’s mother repeatedly alerted the competent authorities, both judicial and
administrative, to the disappearance of her husband, and that she was left facing silence on
the part of the authorities. The Committee notes that the Taher court issued a decision
concerning the case of Mahmoud Boudjema on 18 June 2005, but that the decision was a
dismissal issued without justification or the possibility of appeal owing to its late
notification. For its part, the State party has failed to provide any specific explanation in its
comments responding to the case of Mahmoud Boudjema which would make it possible to
conclude that an effective remedy is currently available. In addition, Ordinance No. 06-01
continues to be applied, despite the fact that the Committee recommended that it should be
brought into line with the Covenant (see CCPR/C/DZA/CO/3, paras. 7, 8 and 13). The
Committee therefore concludes that article 5 (2) (b) of the Optional Protocol is not an
obstacle to the admissibility of the present communication.
7.4
The Committee notes that the author alleges violations that raise issues under
articles 2 (3), 6 (1), 7, 9 (1–4), 10 (1) and 16 of the Covenant, read alone and in conjunction
with article 2 (3), as well as under articles 17 and 23 (1). The Committee considers that
these claims are sufficiently substantiated and that there are no obstacles to their
admissibility. The Committee therefore proceeds to consider the communication on the
merits in respect of the alleged violations of articles 6 (1), 7, 9 (1–4), 10 (1), 16, 17, 23 (1)
and 2 (3) of the Covenant.
Consideration of the merits
8.1
The Human Rights Committee has considered the present communication in the
light of all the information made available to it by the parties, as required under article 5 (1)
of the Optional Protocol.
8.2
The Committee notes that the State party has merely referred to its collective and
general comments, which it has previously transmitted to the Working Group on Enforced
or Involuntary Disappearances and the Committee in relation to other communications, in
order to confirm its position that such cases have already been settled through the
implementation of the Charter for Peace and National Reconciliation. The Committee refers
to its jurisprudence and recalls that the State party may not invoke the provisions of the
Charter against persons who invoke provisions of the Covenant or who have submitted, or
may submit, communications to the Committee. The Covenant demands that the State party
concern itself with the fate of every individual and treat every individual with respect for
the inherent dignity of the human person. 4 Given that the amendments recommended by the
3
4
8
See, inter alia, communications No. 2098/2011, Ammari v. Algeria, Views adopted on 30 October
2014; No. 2026/2011, Sassene v. Algeria, Views adopted on 29 October 2014; No. 1791/2008,
Boudjemai v. Algeria, Views adopted on 22 March 2013, para. 7.2; No. 1779/2008 (and Rev.1),
Mezine v. Algeria, Views adopted on 25 October 2012, para. 7.2; and No. 1781/2008, Djebrouni v.
Algeria, Views adopted on 31 October 2011, para. 7.2.
See Sassene v. Algeria, para. 7.2; and Ammari v. Algeria, para. 8.2.
GE.17-21416