CCPR/C/112/D/2083/2011
1993 to 1998 — should be examined taking “a comprehensive approach” and should be
declared inadmissible. The State party 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 provoking the “collapse of the Republican State”. In this context,
and in conformity with the Constitution (arts. 87 and 91), the Algerian Government
implemented precautionary measures and informed the Secretariat of the United Nations of
its declaration of a state of emergency, in accordance with article 4, paragraph 3, of the
Covenant.
4.2
The State party emphasizes that, in some areas characterized by the proliferation of
informal settlements, civilians had trouble distinguishing the actions of terrorist groups
from those of the security forces, to which they often attributed enforced disappearances.
According to the State party, a large number of enforced disappearances must be seen in
this context. 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
had 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 whose families had reported them missing, whereas in fact
they had abandoned them, 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.
4.3
The State party 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,
recommended a comprehensive approach to the issue of disappeared persons that took into
account all persons who had disappeared in the context of the “national tragedy”, and under
which all victims would be offered support to overcome their ordeal and all victims of
disappearance and their beneficiaries would be entitled to redress. According to statistics
from the Ministry of the Interior, 8,023 disappearances have been reported, 6,774 cases
examined, 5,704 approved for compensation and 934 rejected, and 136 are still pending. A
total of 371,459,390 Algerian dinars has been paid out as compensation to the victims
concerned. In addition, a total of 1,320,824,683 dinars has been paid out in the form of
monthly pensions.
4.4
The State party considers that the author has not exhausted all domestic remedies. It
stresses the importance of distinguishing between simple formalities involving the political
or administrative authorities, non-judicial remedies pursued through advisory or mediation
bodies, and judicial remedies pursued through the competent courts of justice. The State
party observes that, as may be seen from the author’s complaint, he has written letters to
political and administrative authorities and petitioned advisory or mediation bodies as well
as representatives of the prosecution service (chief prosecutors and public prosecutors), but
has not, strictly speaking, initiated legal action and seen it through to its conclusion by
availing himself of all available remedies of appeal and judicial review. Of all these
GE.14-22365
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