is of the view that the facts before it disclose
violations of:
10. Bearing in mind that, by becoming a party to
the Optional Protocol, the State party has recognized
the competence of the Committee to determine
whether there has been a violation of the Covenant
or not and that, pursuant to article 2 of the Covenant,
the State party has undertaken to ensure to all
individuals within its territory or subject to its
jurisdiction the rights recognized in the Covenant
and to provide an effective remedy in case a
violation has been established, the Committee
wishes to receive from the State party, within 90
days, information about the measures taken to give
effect to the Committee’s Views. The State party is
also requested to publish the Committee’s Views.
(a)
The rights of Uigun and Oibek
Ruzmetov, under articles 6; 7; 9, paragraph 3; 14,
paragraphs 1, 2, 3 (b), (d), (e) and (g);
(b)
The author’s rights under articles 7, 9,
paragraph 1; and 17.
9.
In accordance with article 2, paragraph 3 (a),
of the Covenant, the State party is under an
obligation to provide the author with an effective
remedy, including information on the location where
her sons are buried, and compensation for the
anguish she has suffered. The State party is also
under an obligation to prevent similar violations in
the future.
Communication No. 992/2001
Submitted by: Louisa Bousroual (represented by counsel)
Alleged victim: Salah Saker
State party: Algeria
Date of adoption of Views: 30 March 2006
Subject matter: Disappearances, incommunicado
detention, trial in absentia
and Political Rights (the “Covenant”). The author is
represented by counsel. The Covenant and the
Optional Protocol to the Covenant entered into force
for the State party on 12 December 1989.
Procedural issues: --Substantive issues: Right to liberty and security of
person; arbitrary arrest and detention; right to
be brought promptly before a judge; right to
counsel; right to life; prohibition of cruel,
inhuman and degrading treatment and
punishment; trial in absentia leading to the
death penalty
The facts as presented by the author
2.1 Mr. Saker, a teacher, was arrested without a
warrant on 29 May 1994 at 18.45 at his home, as
part of a police operation carried out by agents of the
Wilaya of Constantine (administrative division of
the town of Constantine). At the time of his arrest,
Mr. Saker was a member of the Front Islamiste de
Salut (Islamic Salvation Front), a prohibited political
party for which he had been elected in the annulled
legislative elections of 1991.
Articles of the Covenant: 2, para. 3; 6, para. 1; 7; 9,
paras. 1, 3 and 4; 10, para. 1; and 14, para. 3
Articles of the Optional Protocol: 2 and 5, para. 2 (a)
Finding: Violation (arts. 2, para. 3; 6, para. 1; 7; and
9, paras. 1, 3 and 4)
2.2 In July 1994 the author wrote to the Director
of Public Prosecutions (Procureur de la République)
and requested to be informed about the reasons for
her husband’s arrest and continued detention. At the
time of his arrest, the longest pretrial detention
authorized by Algerian law was 12 days, for persons
suspected of the most serious offences provided for
in the Algerian criminal code, namely terrorist or
subversive acts. 1 Further, the law required that the
police officer responsible for the questioning of the
suspect allow him contact with his family.2
1.
The author of the communication, dated 9
February 2000, is Mrs. Louisa Bousroual, an
Algerian national residing in Constantine (Algeria).
She submits the communication on behalf of her
husband, Mr. Salah Saker, an Algerian national born
on 10 January 1957 in Constantine (Algeria) who
has been missing since 29 May 1994. The author
claims that her husband is a victim of violations by
Algeria of articles 2, paragraph 3; 6, paragraph 1; 9,
paragraphs 1, 3 and 4; 10, paragraph 1; and 14,
paragraph 3, of the International Covenant on Civil
1
Article 22 of the law of 30 September 1992 relating to
the fight against terrorism.
2
Article 21, paragraph 3, of the Criminal Procedure Code.
59
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