CCPR/C/112/D/2098/2011
rights violations. It refers to its general comment No. 31 (2004) on the nature of the general
legal obligation imposed on States parties to the Covenant, according to which the failure
by a State party to investigate allegations of violations could in and of itself give rise to a
separate breach of the Covenant. In the present case, although Toufik Ammari’s family
contacted the competent authorities, including the public prosecutors at the courts of every
wilaya in the region, regarding his disappearance, the State party failed to conduct a
thorough and effective investigation into the disappearance of the author’s son.
Furthermore, the absence of the legal right to initiate judicial proceedings since the
promulgation of Ordinance No. 06-01 implementing the Charter for Peace and National
Reconciliation continues to deprive Toufik Ammari, the author and his family of any access
to an effective remedy, because the Ordinance prohibits the initiation of legal proceedings
to shed light on the most serious crimes, such as enforced disappearances. 17 The Committee
concludes that the facts before it reveal a violation of article 2 (para. 3), read in conjunction
with articles 7, 9 and 16 of the Covenant, with regard to Toufik Ammari, and of article 2
(para. 3), read in conjunction with article 7 of the Covenant, with regard to the author.
9.
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 7, 9 and 16, read alone and in
conjunction with article 2 (para. 3) of the Covenant, with regard to Toufik Ammari. It also
finds a violation of article 7, read alone and in conjunction with article 2 (para. 3) of the
Covenant, with regard to the author.
10.
In accordance with article 2, paragraph 3, of the Covenant, the State party is under
an obligation to provide the author and his family with an effective remedy, including by:
(a) conducting a thorough and effective investigation into the disappearance of Toufik
Ammari and providing the author and his family with detailed information about the results
of its investigation; (b) releasing Toufik Ammari immediately if he is still being detained
incommunicado; (c) in the event that Toufik Ammari is deceased, handing over his remains
to his family; (d) prosecuting, trying and punishing those responsible for the violations
committed; (e) providing adequate compensation to the author for the moral and material
damage suffered and to Toufik Ammari, if he is still alive; and (f) guaranteeing for the
author and his family access to appropriate rehabilitation measures. Notwithstanding the
terms of Ordinance No. 06-01, the State party should ensure that it does not impede
enjoyment of the right to an effective remedy for crimes such as torture, extrajudicial
killings and enforced disappearances. The State party is also under an obligation to take
steps to prevent similar violations in the future.
11.
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 or not there has
been a violation of the Covenant and that, pursuant to article 2 of the Covenant, the State
party has undertaken to ensure for all individuals within its territory or subject to its
jurisdiction the rights recognized in the Covenant and to provide an effective and
enforceable remedy when a violation has been established, the Committee wishes to receive
from the State party, within 180 days, information about the measures taken to give effect
to the Committee’s Views. The State party is also requested to publish the present Views
and to have them widely disseminated in the official languages of the State party.
17
12
CCPR/C/DZA/CO/3, para. 7.
GE.14-24393