CCPR/C/112/D/2083/2011 have been violated. The Committee attaches importance to the establishment by States parties of appropriate judicial and administrative mechanisms for addressing claims of rights violations. It refers to its general comment No. 31 (2004) on the nature of the general legal obligation imposed on States parties to the Covenant, which states that 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 the present case, although Yahia Kroumi’s family contacted the competent authorities, including the prosecutor of the court of Constantine, regarding his disappearance, all their efforts were in vain, and the State party failed to conduct a thorough and effective investigation into the disappearance of the author’s son. Furthermore, the absence of the legal right to undertake judicial proceedings since the promulgation of Ordinance No. 06-01 implementing the Charter for Peace and National Reconciliation continues to deprive Yahia Kroumi, the author and his family of access to an effective remedy, because the Ordinance prohibits, on pain of imprisonment, the initiation of legal proceedings to shed light on the most serious crimes, such as enforced disappearances.30 The payments made to his parents do not compensate for the failure to investigate the disappearance of the author’s son (see para. 2.5 above). The Committee concludes that the facts before it reveal a violation of article 2 (para. 3), read in conjunction with articles 6 (para. 1), 7, 9, 10 (para. 1), 16 and 17 of the Covenant, with regard to Yahia Kroumi, and of article 2 (para. 3), read in conjunction with article 7 of the Covenant, with regard to the author and his family. 9. The Human Rights Committee, acting under article 5, paragraph 4, of the Optional Protocol to the International Covenant on Civil and Political Rights, is of the view that the information before it discloses violations by the State party of articles 6 (para. 1), 7, 9, 10 (para. 1), 16 and 17 of the Covenant, and of article 2 (para. 3) read in conjunction with articles 6 (para. 1), 7, 9, 10 (para. 1) 16 and 17 of the Covenant, with regard to Yahia Kroumi. It also finds a violation by the State party of article 7, read alone and in conjunction with article 2 (para. 3), with regard to the author and his family. 10. In accordance with article 2, paragraph 3, of the Covenant, the State party is under the obligation to provide the author and his family with an effective remedy, including by: (a) conducting a thorough and effective investigation into the disappearance of Yahia Kroumi and providing the author and his family with detailed information about the results of its investigation; (b) releasing Yahia Kroumi immediately if he is still being detained incommunicado; (c) in the event that Yahia Kroumi is deceased, handing over his remains to his family; (d) prosecuting, trying and punishing those responsible for the violations committed; (e) providing adequate compensation to the author and his family for the moral harm suffered and to Yahia Kroumi, if he is still alive, taking into account payments already made; and (f) providing 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. The State party is also under an obligation to prevent similar violations in the future. 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 or not 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 or subject to its jurisdiction the rights recognized in the Covenant and to provide an effective and enforceable remedy when a violation has been established, the Committee wishes to receive from the State party, within 180 days, information about the measures taken to give effect 30 GE.14-22365 CCPR/C/DZA/CO/3, para. 7. 15

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