CCPR/C/112/D/2086/2011 legal proceedings available to them. The State party recalls the Committee’s jurisprudence to the effect that “a person’s subjective belief in, or presumption of, the futility of a remedy does not exempt that person from the requirement of exhausting all domestic remedies”.13 4.6 The State party then turns its attention to the nature, principles and content of the Charter for Peace and National Reconciliation and its implementing legislation. It maintains that, in accordance with the principle of the inalienability of peace, which has become an international right to peace, the Committee should support and consolidate peace and encourage national reconciliation with a view to helping States affected by domestic crises to build up their capacity. As part of this effort to achieve national reconciliation, the State party adopted the Charter, and its implementing ordinance prescribes legal measures for the discontinuance of criminal proceedings and the commutation or remission of sentences for any person who is found guilty of acts of terrorism or who benefits from the provisions of the legislation on civil dissent, except for persons who have committed or been accomplices to mass killings, rapes or bombings in public places. The Ordinance also helps to address the issue of disappearances by introducing a procedure for filing a judicial declaration of death, which entitles beneficiaries to receive compensation as victims of the “national tragedy”. Social and economic measures have also been put in place, including the provision of employment placement assistance and compensation for all persons considered victims of the “national tragedy”. Lastly, the Ordinance prescribes political measures, such as a ban on holding political office for any person who in the past exploited religion in a way that contributed towards the “national tragedy”. The Ordinance also provides that legal proceedings may not be brought against individuals or groups who are members of any branch of the defence and security forces of the Republic for actions undertaken to protect persons and property, safeguard the nation and preserve the institutions of the Republic. 4.7 In addition to the establishment of a fund to compensate all victims of the “national tragedy”, the sovereign people of Algeria have, according to the State party, agreed to a process of national reconciliation as the only way to heal the wounds inflicted. The State party insists that the proclamation of the Charter for Peace and National Reconciliation reflects a desire to avoid confrontation in the courts, media outpourings and political scoresettling. The State party is therefore of the view that the authors’ allegations are covered by the comprehensive domestic settlement mechanism provided for in the Charter. 4.8 The State party asks the Committee to note how similar the facts and situations described by the authors are to those described by the authors of the previous communications concerned by the memorandum of 3 March 2009 and to take account of the sociopolitical and security context in which they occurred. It also asks the Committee to find that the authors have failed to exhaust all domestic remedies; to recognize that the authorities of the State party have established a comprehensive domestic mechanism for processing and settling the cases referred to in these communications through measures aimed at achieving peace and national reconciliation that are consistent with the principles of the Charter of the United Nations and subsequent covenants and conventions; to find the communication inadmissible; and to request that the authors seek an alternative remedy. Additional observations by the State party on admissibility 5.1 On 4 October 2011, the State party also transmitted a further memorandum to the Committee, in which it questioned the intention behind the series of individual communications submitted to the Committee since the beginning of 2009, which, it considered, constituted rather an abuse of procedure aimed at bringing before the Committee a broad historical issue whose causes and circumstances lie outside its purview. 13 GE.14-21909 The State party cites, inter alia, communication No. 210/1986 and communication No. 225/1987, Pratt and Morgan v. Jamaica, Views adopted on 6 April 1989. 9

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