CCPR/C/112/D/2132/2012
the right to life. Noting that the Kerouane brothers have been missing since 1994 and 1996,
which makes the chances of finding them alive virtually zero, the authors submit that article
6 has been violated in respect of these victims of enforced disappearance and that the State
has not met its obligation to conduct a thorough investigation into the disappearance. Lastly,
the authors claim that the adoption, retention and implementation of Ordinance No. 06-01
constitutes a violation of article 6 of the Covenant, read in conjunction with article 2,
paragraph 3: by providing for impunity for those responsible for the crime of enforced
disappearance and curtailing effective remedy, the Ordinance is not consistent with the
positive obligation of the State party to take specific and effective measures to prevent the
disappearance of individuals, to establish effective facilities and procedures to investigate
thoroughly cases of missing and disappeared persons and to bring the perpetrators to justice.
The authors ask the Committee to find that Algeria has violated its positive obligations
under article 6, read alone and in conjunction with article 2, paragraph 3, of the Covenant,
in respect of Adel, Tarek and Mohamed Kerouane.
3.3
The authors refer to the Committee’s established jurisprudence 3 to the effect that
enforced disappearance constitutes a violation of article 7 in respect of both the victim and
the victim’s family. Adel, Tarek and Mohamed Kerouane were arbitrarily arrested by State
officials on 12 April 1996, 20 May 1994 and 22 February 1996 respectively. Since then
they have been held incommunicado, deprived of all contact with the outside world, and
unaware of what was happening with their families. Their detention does not seem to have
been recorded in any public register, and no steps have been taken to inform their families
of their situation. Furthermore, they were deprived of any legal means of challenging their
imprisonment. As to Mohamed Kerouane, besides being the victim of enforced
disappearance, in itself a violation of article 7, he has apparently been subjected to torture
and other cruel, inhuman or degrading treatment. The authors ask the Committee to find
that the State party has violated article 7 of the Covenant in respect of Adel, Tarek and
Mohamed Kerouane.
3.4
The authors note that they and the other members of the Kerouane family have had
no news of their brothers and grandsons for 18 and 20 years. Their fruitless efforts to find
the three brothers, prompted by deep anxiety, have added to their anguish and distress. The
impunity protecting the perpetrators of the disappearances is a further source of humiliation.
The authors refer to the Committee’s jurisprudence4 and ask the Committee to find that the
anguish and distress felt by Kamela Allioua and Fatima Zohra Kerouane, and by all the
Kerouane brothers’ relatives, together with the State party’s refusal to squarely face up to
its past and make effective inquiries to establish the fate of the disappeared persons, amount
to a violation of article 7 of the Covenant in respect of the two authors.
3.5
Referring to the Committee’s jurisprudence, 5 the authors argue that, read in
conjunction with article 3, paragraph 2, of the Covenant, article 7 imposes on States parties
the obligation to put an immediate stop to all the acts prohibited under article 7, to
guarantee the right to lodge complaints against such acts, and to take action on those
complaints by having the competent authorities conduct prompt, impartial, thorough and
effective investigations in order to render the remedies effective. Adel and Tarek Kerouane,
who have been missing for 20 years, and Mohamed Kerouane, who has been missing for 18
years, are victims of a crime of a continuing nature. 6 Thus the obligation to put a stop to the
3
4
5
6
GE.14-22477
Communication No. 449/1991, Mojica v. Dominican Republic, Views adopted on 15 July 1994.
Communication No. 1781/2008, Berzig v. Algeria, Views adopted on 31 October 2011.
Human Rights Committee, general comment No. 20 (1992) on article 7, on the prohibition of torture
or other cruel, inhuman or degrading treatment or punishment; and general comment No. 31 (2004)
on the nature of the general legal obligation imposed on States parties to the Covenant.
International Convention for the Protection of All Persons from Enforced Disappearance, adopted on
20 December 2006 and signed by Algeria on 6 February 2007, art. 8.
7