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