CCPR/C/121/D/2283/2013
5.2
The State party is of the view that these communications, which incriminate public
officials or other persons acting on behalf of public authorities in cases of enforced
disappearance during the period in question — from 1993 to 1998 — should be examined
taking “a comprehensive approach”. It considers that such communications should be
placed in the broader context of the sociopolitical situation and security conditions that
prevailed in the country during a period when the Government was struggling to combat a
form of terrorism aimed at bringing about the “collapse of the Republican State”. It was in
this context, and in conformity with the Constitution (arts. 87 and 91), that the Algerian
Government implemented precautionary measures and informed the United Nations
Secretariat of its declaration of a state of emergency, in accordance with article 4 (3) of the
Covenant.
5.3
The State party emphasizes that, in some areas where there was a proliferation of
informal settlements, civilians had trouble distinguishing the actions of terrorist groups
from those of the law enforcement forces, to which they often attributed enforced
disappearances. According to the State party, many enforced disappearances should have
been viewed from this perspective. The concept of disappearance in Algeria during the
period in question actually covers six distinct scenarios. The first scenario concerns persons
reported missing by their relatives but who in fact had chosen to go into hiding in order to
join an armed group and asked their families to report that they had been arrested by the
security services as a way of “covering their tracks” and avoiding “harassment” by the
police. The second scenario concerns persons who were reported missing after their arrest
by the security services but who took advantage of their release to go into hiding. The third
scenario concerns persons abducted by armed groups which, because they were not
identified or because they had stolen uniforms or identification documents from police
officers or soldiers, were mistakenly thought to belong to the armed forces or security
services. The fourth scenario concerns persons reported missing who abandoned their
families, and sometimes even left the country, to escape from personal problems or family
disputes. The fifth scenario concerns persons reported missing by their family but who were
in fact wanted terrorists who had been killed and buried in the maquis following factional
infighting, doctrinal disputes or arguments over the spoils of war among rival armed groups.
The sixth scenario mentioned by the State party concerns persons reported missing who
were actually living in Algeria or abroad under a false identity provided by a network of
document forgers.
5.4
The State party also maintains that it was in view of the diversity and complexity of
the situations covered by the general concept of disappearance that the Algerian legislature,
following the referendum on the Charter for Peace and National Reconciliation, decided to
adopt a policy of support for the handling of the tragic problem of disappearances. The
issue of missing persons is addressed in a comprehensive framework, which takes account
of all persons who disappeared in the context of the “national tragedy”, and under which all
victims are offered support in overcoming their ordeal and all victims of disappearance and
their beneficiaries are entitled to redress. The State party emphasizes that this is an
appropriate response to the situation of the Algerian nation that has been generally
supported by the nation. A statistical overview of the implementation of the operative
provisions of Ordinance No. 06-01 and subsequent texts related to the issue of disappeared
persons in the Charter for Peace and National Reconciliation confirms the support of over
85 per cent of relatives of victims or their beneficiaries.
5.5
The State party then turns its attention to the nature, principles and content of the
Charter for Peace and National Reconciliation and its implementing legislation. Far from
the stereotypes and harsh judgments that depict the Charter as an impediment to the
procedure for establishing truth and justice, it is, rather, an internal national mechanism for
finding a way out of the crisis, that has been submitted for public approval and adopted by
referendum. The State party first describes the origins and main characteristics of the
Algerian crisis in order to assess the impact of implementation of the Charter. The Charter
has been introduced against the background of a political and security crisis that has shaken
the country, described as the “Great Fitna”, with reference to the historical and religious
concept of the deep discord that existed within the community of Islam after the death of
the Prophet. The preamble of the Charter suggests that the “Great Fitna”, which attempted
to “divert Algeria’s development from its natural course”, constituted “criminal aggression
6
GE.17-21416