communication appears to raise issues under article
7 of the Covenant in relation to the author and her
husband. The Committee recognizes the degree of
suffering involved in being held indefinitely without
contact with the outside world. In this context, the
Committee recalls its general comment No. 20 (44)
on article 7 of the Covenant, which recommends that
States parties should make provision against
incommunicado detention. In the circumstances, the
Committee concludes that the disappearance of the
author’s husband and the prevention of contact with
his family and with the outside world constitute a
violation of article 7 of the Covenant. 14 The
Committee also notes the anguish and stress caused
to the author by the disappearance of her husband
and the continued uncertainty concerning his fate
and whereabouts. The Committee is therefore of the
opinion that the facts before it reveal a violation of
article 7 of the Covenant with regard to the author’s
husband as well as the author15 herself.
present case, the Committee notes that the State
party does not deny that the author’s husband has
been unaccounted for since at least 29 July 1995,
when the judgement in absentia was handed down
by the criminal division of the Court of Constantine.
As the State party has not provided any information
or evidence relating to the victim’s release from the
Territorial Centre, the Committee is of the opinion
that the facts before it reveal a violation of article 6,
paragraph 1, in that the State party failed to protect
the life of Mr. Saker.
9.12 The author has invoked article 2, paragraph 3,
of the Covenant, which requires that in addition to
effective protection of Covenant rights States parties
must ensure that individuals also have accessible,
effective and enforceable remedies to vindicate those
rights. The Committee attaches importance to States
parties establishing appropriate judicial and
administrative mechanism for addressing claims of
rights violations under domestic law. It refers to its
general comment No. 31 (80) on the nature of the
general legal obligation imposed on States parties to
the Covenant, which provides inter alia 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. 17 In the present
case, the information before the Committee indicates
that the author did not have access to such effective
remedies, and concludes that the facts before it
disclose a violation of article 2, paragraph 3, of the
Covenant in conjunction with articles 6, paragraph 1,
7 and 9.
9.9 In light of the above findings, the Committee
does not consider it necessary to address the author’s
claims under article 10 of the Covenant.
9.10 As to the alleged violation of article 6,
paragraph 1, of the Covenant, the Committee notes
that according to the letter from the judicial police
(referring to Decision No. 16536/96 of the Director
of Public Prosecutions of the Tribunal of
Constantine), the author’s husband was handed to
Government agents on 3 July 1994, and that the
author has not heard from her husband since then.
The Committee also notes that the author understood
the letter from the National Observatory for Human
Rights as informing her of his death.
10. The Human Rights Committee, acting under
article 5, paragraph 4, of the Optional Protocol to the
International Covenant on Civil and Political Rights,
is of the view that the facts before it reveal violations
by the State party of articles 6, paragraph 1, 7 and 9,
paragraphs 1, 3 and 4, of the Covenant in relation to
the author’s husband as well as article 7 in relation
to the author, violations in conjunction with article 2,
paragraph 3, of the Covenant.
9.11 The Committee refers to its general comment
No. 6 (16) concerning article 6 of the Covenant,
which provides inter alia that States parties should
take specific and effective measures to prevent the
disappearance of individuals and establish facilities
and procedures to investigate thoroughly, by an
appropriate impartial body, cases of missing and
disappeared persons in circumstances which may
involve a violation of the right to life. 16 In the
11. In accordance with article 2, paragraph 3, of
the Covenant, the State party is under an obligation
to provide the author with an effective remedy,
including a thorough and effective investigation into
the disappearance and fate of the author’s husband,
his immediate release if he is still alive, adequate
information resulting from its investigation
transmitted to the author, and appropriate levels of
compensation for the violations suffered by the
author’s husband, the author and the family. The
State party is also under a duty to prosecute
criminally, try and punish those held responsible for
14
Communication No. 540/1993, Celis Laureano v. Peru,
Views adopted on 25 March 1996, para. 8.5;
communication No. 458/1991, Mukong v. Cameroon,
Views adopted on 24 July 1994, para. 9.4; communication
No. 440/1990, El-Megreisi v. Libyan Arab Jamahiriya,
Views adopted on 23 March 1994, para. 5.
15
Communication No. 107/1981, Quinteros v. Uruguay,
Views adopted on 21 July 1983, para. 14; communication
No. 950/2000, Sarma v. Sri Lanka, Views adopted on 31
July 2003, para. 9.5.
16
General comment No. 6 (16), para. 4; communication
No. 540/1993, Celis Laureano v. Peru, Views adopted on
16 April 1996, para. 8.3; communication No. 563/1993,
Federico Andreu v. Colombia, Views adopted on 13
November 1995, para. 8.3; communication No. 449/1991,
Barbarín Mojica v. Dominican Republic, Views adopted
on 10 August 1994, para. 5.5.
17
General comment No. 31 (80), para. 15.
64
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