CCPR/C/118/D/2157/2012 Annex [Original: Spanish] Separate opinion of Committee member Fabián Salvioli (partly dissenting) 1. I agree with the Committee’s conclusions in the present communication, in which it found violations by the State party of articles 6 (1), 7 and 2 (3) read in conjunction with articles 6 (1) and 7 of the Covenant with regard to Mohammed Belamrania. 2. However, I must disagree with the approach adopted by the Committee, which dealt with the communication as though it concerned a case of torture and extrajudicial execution, without taking into account that the facts (which the Committee has deemed valid a) disclose different circumstances that the Committee did not examine. 3. Mohammed Belamrania was arrested at his home on 13 July 1995 by 30 members of the People’s National Army of Algeria, who took him to a military barracks, where he was subjected to torture. The following day, he was taken to an unknown location, where he remained disappeared for several days, much to the anguish of his relatives. Lastly, on 24 July 1995, the victim’s brother identified his body. The appearance of the victim’s body brought an end to his enforced disappearance but did not change the fact that he had been effectively disappeared up to that point (11 days after his arrest). 4. Mohammed Belamrania was, in my view, forcibly disappeared, with all the legal effects that this entails. I fail to understand how, in this case, the Committee did not find a violation of article 9, for the arbitrary detention of the victim, and of article 16, for being placed outside the protection of the law, which should have led the Committee to find a violation of the right to recognition as a person before the law. 5. I also find it regrettable that the Committee did not take into consideration the family’s suffering, the deep anguish caused by days of not knowing Mohammed Belamrania’s whereabouts, the fact that they were required to pay 120,000 Algerian dinars in return for the body and, as a form of blackmail, to submit a written acknowledgement that the victim was part of a terrorist group and the fact that the mortal remains were finally handed over in a sealed coffin, the opening of which was forbidden. 6. A widow and 10 children who were underage at the time the acts were committed should also have been recognized by the Committee as victims of a violation of article 7 of the Covenant, which prohibits cruel, inhuman or degrading treatment, while the Committee should have reached the same conclusion with regard to Mohammed’s brother, Youssef Belamrania, who undertook a large number of procedures, including the identification of the dead body at the side of a road, with the hands tied behind the back and exhibiting clear signs of torture. a GE.17-04240 In paragraph 6.1 of its Views. 11