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