CCPR/C/118/D/2157/2012
and execution of Mohammed Belamrania. 16 In the absence of any rebuttal by the State party,
the Committee will attach due weight to the author’s allegations and finds that the State
party denied Mohammed Belamrania the right to life in particularly serious circumstances,
in view of the fact that he was clearly the victim of a summary execution by members of
the State party’s regular army, in violation of article 6 (1) of the Covenant.
6.6
The Committee notes the author’s additional allegations to the effect that
Mohammed Belamrania was subjected to severe ill-treatment prior to his execution, the
signs of which were apparent after his death, and that he was undoubtedly in acute
psychological distress and emotional anguish prior to his execution. The State party has not
adduced any information to contradict these allegations. The Committee finds a violation of
article 7 of the Covenant with regard to Mohammed Belamrania.
6.7
The author also invokes article 2 (3) of the Covenant, whereby all States parties have
the obligation to ensure that any person whose rights under the Covenant are violated has
an effective remedy. The Committee attaches importance to the establishment by States
parties of appropriate judicial and administrative mechanisms to consider complaints of
rights violations. It recalls its general comment No. 31 (2004) on the nature of the general
legal obligation imposed on States parties to the Covenant, which stipulates that a failure by
a State party to investigate allegations of violations could, in and of itself, give rise to a
separate breach of the Covenant.
6.8
In the present case, the victim’s family requested the public prosecutor’s office of El
Milia to open an investigation a few days after the victim’s burial in order to clarify the
circumstances of his death. Instead of an immediate inquiry, and despite the fact that quite
obviously this was a case not of enforced disappearance but of an extrajudicial execution
carried out by members of the Algerian army, a missing person’s report was issued to the
family by the National Gendarmerie stating that the victim had disappeared. After the
authorities had issued this report, Hamama Laouar, the victim’s widow, appealed to the
Director of Legal Affairs of the Ministry of Defence on 3 July 2007 to have it
acknowledged that Mohammed Belamrania had been the victim of extrajudicial execution
by soldiers and not of enforced disappearance, and to request that an investigation be
opened into the crime perpetrated against her husband. The Committee notes, however, that
no investigation has been carried out by the competent judicial authorities, despite the fact
that they could not be unaware of the events, and that those responsible have not been
prosecuted even though the alleged suspects were part of regular forces stationed in the
region (Fifth Airborne Battalion of the Algerian People’s National Army) and thus easily
identifiable. The Committee concludes that the facts before it reveal a violation of article 2
(3) read in conjunction with articles 6 (1) and 7 of the Covenant with regard to Mohammed
Belamrania.
7.
The Committee, acting under article 5 (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 article 2 (3), read in conjunction with
articles 6 (1) and 7 of the Covenant, with regard to Mohammed Belamrania.
8.
In accordance with article 2 (3) (a) of the Covenant, the State party is under an
obligation to provide the author with an effective remedy. This provision requires that
States parties provide full compensation to persons whose Covenant rights have been
violated. In the present case, the State party is required to: (a) conduct a thorough and
rigorous investigation into the alleged summary execution of Mohammed Belamrania; (b)
provide his family with detailed information on the results of the investigation; (c)
prosecute, try and punish those responsible for the violations; (d) provide the victim’s
family with appropriate compensation and redress. Order No. 06-01 notwithstanding, the
State party should also ensure that it does not prevent the victims of offences such as torture,
extrajudicial killing and enforced disappearance from exercising their right to an effective
16
GE.17-04240
See, for example, communications No. 888/1999, Telitsin v. Russian Federation, Views adopted on
29 March 2004, paras. 7.5 and 7.6; and No. 1832/2008, Al Khazmi v. Libya, Views adopted on 18 July
2013, para. 8.2.
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