CCPR/C/119/D/2259/2013 3.9 The author requests that the Committee order the State party to: (a) find that Algeria has violated articles 2 (2) and (3), 6, 7, 9, 10 and 16 of the Covenant with regard to Brahim El Boathi and articles 2 (2) and 7, read in conjunction with article 2 (3), of the Covenant with regard to the author and her family; (b) find Brahim El Boathi; (c) bring the perpetrators of this enforced disappearance before the competent civil authorities for prosecution; (d) provide Brahim El Boathi, if he is still alive, and his family with adequate, effective and prompt reparation for the harm suffered, including compensation that is appropriate and proportional to the gravity of the violation, full and complete rehabilitation and guarantees of non-repetition. State party’s observations 4.1 On 4 May 2015, the State party contested the admissibility of all the communications concerning the period 1993 to 1998, submitting a copy of its background memorandum. 4.2 The State party is of the view that these communications, which incriminate public officials or other persons acting on behalf of public authorities in cases of enforced disappearance during the period in question — from 1993 to 1998 — should be examined taking “a comprehensive approach”. It considers that such communications should be placed in the broader context of the sociopolitical situation and security conditions that prevailed in the country during a period when the Government was struggling to combat a form of terrorism aimed at bringing about the “collapse of the Republican State”. It was in this context, and in conformity with the Constitution (arts. 87 and 91), that the Algerian Government implemented precautionary measures and informed the United Nations Secretariat of its declaration of a state of emergency, in accordance with article 4 (3) of the Covenant. 4.3 The State party emphasizes that, in some areas where there was a proliferation of informal settlements, civilians had trouble distinguishing the actions of terrorist groups from those of the law enforcement forces, to which they often attributed enforced disappearances. According to the State party, many enforced disappearances should be viewed from this perspective. The concept of disappearance in Algeria during the period in question actually covers six distinct scenarios. The first scenario concerns persons reported missing by their relatives but who in fact had chosen to go into hiding in order to join an armed group and asked their families to report that they had been arrested by the security services as a way of “covering their tracks” and avoiding “harassment” by the police. The second scenario concerns persons who were reported missing after their arrest by the security services but who took advantage of their subsequent release to go into hiding. The third scenario concerns persons abducted by armed groups which, because they were not identified or because they had stolen uniforms or identification documents from police officers or soldiers, were mistakenly thought to belong to the armed forces or security services. The fourth scenario concerns persons reported missing who abandoned their families, and sometimes even left the country, to escape from personal problems or family disputes. The fifth scenario concerns persons reported missing by their family but who were in fact wanted terrorists who had been killed and buried in the maquis following factional infighting, doctrinal disputes or arguments over the spoils of war among rival armed groups. The sixth scenario mentioned by the State party concerns persons reported missing who were actually living in Algeria or abroad under a false identity provided by a network of document forgers. 4.4 The State party also maintains that it was in view of the diversity and complexity of the situations covered by the general concept of disappearance that the Algerian legislature, following the referendum on the Charter for Peace and National Reconciliation, decided to adopt a policy of support for the handling of the tragic problem of disappearances. The issue of missing persons is addressed in a comprehensive framework, which takes account of all persons who disappeared in the context of the “national tragedy”, and under which all victims are offered support in overcoming their ordeal and all victims of disappearance and their beneficiaries are entitled to redress. The State party emphasizes that this is an appropriate response to the situation of the Algerian nation that has been generally supported by the nation. A statistical overview of the implementation of the operative GE.17-07865 5