CCPR/C/112/D/2098/2011
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 armed groups
and had 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 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 whose families reported them missing, whereas in fact
they had abandoned them, and sometimes even left the country, to escape personal
problems or family disputes. The fifth scenario concerns persons reported missing by their
families 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 false
identities provided by networks of document forgers.
4.3
The State party 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,
recommended a comprehensive approach to the issue of disappeared persons that took into
account all persons who had disappeared in the context of the “national tragedy”, and under
which all victims would be offered support to overcome their ordeal and all victims of
disappearance and their beneficiaries would be entitled to redress. According to statistics
from the Ministry of the Interior, 8,023 disappearances have been reported, 6,774 cases
examined, 5,704 approved for compensation and 934 rejected, and 136 are still pending. A
total of 371,459,390 Algerian dinars has been paid out as compensation to the victims
concerned. In addition, a total of 1,320,824,683 dinars has been paid out in the form of
monthly pensions.
4.4
The State party considers that the author has not exhausted all domestic remedies. It
stresses the importance of distinguishing between simple formalities involving the political
or administrative authorities, non-judicial remedies pursued through advisory or mediation
bodies, and judicial remedies pursued through the competent courts of justice. The State
party observes that, as may be seen from the author’s complaint, he has written letters to
political and administrative authorities and petitioned advisory or mediation bodies as well
as representatives of the prosecution service (chief prosecutors and public prosecutors), but
has not, strictly speaking, initiated legal action and seen it through to its conclusion by
availing himself of all available remedies of appeal and judicial review. Of all these
authorities, only the representatives of the prosecution service are authorized by law to
open a preliminary inquiry and refer a case to an investigating judge. In the Algerian legal
system, it is the public prosecutor who receives complaints and who institutes criminal
proceedings if these are warranted. Nevertheless, in order to protect the rights of victims
and their beneficiaries, the Code of Criminal Procedure authorizes the latter to sue for
damages by filing a complaint with the investigating judge. In this case, it is the victim, not
the prosecutor, who institutes criminal proceedings by bringing the matter before the
investigating judge. This remedy, which is provided for in articles 72 and 73 of the Code of
Criminal Procedure, was not utilized, despite the fact that it would have enabled the author
to institute criminal proceedings and compel the investigating judge to launch an
investigation, even if the prosecution service had decided otherwise.
4.5
The State party also notes the author’s contention that the adoption by referendum of
the Charter for Peace and National Reconciliation and its implementing legislation — in
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GE.14-24393