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.
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