CCPR/C/112/D/2098/2011 exercise his rights under the law or to have recourse to any remedy, which constitutes a violation of article 16 of the Covenant, as the Committee has recognized in similar circumstances.4 3.8 The author recalls that he has tried all the available judicial remedies, submitting complaints to the prosecutor’s offices in all the nearby wilayas, but that no effective investigation has been conducted. Two inquiries launched by two different prosecutors yielded no results. The author has also written to the Ministry of the Interior, the Ministry of Justice, the Office of the President of the Republic and the Prime Minister without obtaining any reply elucidating his son’s fate. The author considers that the State party has violated its positive obligations under the Covenant to follow up on any complaint of serious violations of rights guaranteed by the Covenant and to conduct a prompt, impartial, thorough and effective investigation, informing the author of the outcome. The author believes that he has not had access to an effective remedy before the authorities of the State party, in violation of article 2 (para. 3), read in conjunction with articles 7, 9, 10 (para. 1), 14 and 16 of the Covenant. Since the promulgation of Ordinance No. 06-01 of 27 February 2006 implementing the Charter for Peace and National Reconciliation, no legal action may be brought under domestic law. Although the remedies were already ineffective, since the Ordinance’s promulgation they have ceased to be available. 3.9 The author asks the Committee to order the State party: (a) to release Toufik Ammari if he is still alive; (b) to conduct a prompt, thorough and effective investigation into his disappearance; (c) to report to the author and his family on the results of the investigation; (d) to prosecute, try and punish the persons responsible for Toufik Ammari’s disappearance, in conformity with the State party’s international commitments; and (e) to provide appropriate reparation to Toufik Ammari’s beneficiaries for the grave moral and material harm which they have suffered since his disappearance. The author therefore calls for adequate compensation proportionate to the gravity of the offence and covering moral damage and physical and psychological harm as well as rehabilitation measures comprising medical and psychological assistance and guarantees of non-repetition. State party’s observations on admissibility 4.1 On 4 October 2011, the State party contested the admissibility of the communication, submitting a copy of its background memorandum, in which it expresses the view that the communication, which incriminates public officials or other persons acting on behalf of public authorities in cases of enforced disappearance during the period from 1993 to 1998, should be examined taking “a comprehensive approach” and should be declared inadmissible. The State party considers that such communications should be placed in the broader context of the sociopolitical situation and security conditions that prevailed in the country during a period when the Government was struggling to combat a form of terrorism aimed at provoking the “collapse of the Republican State”. It was in this context, and in conformity with the Constitution (arts. 87 and 91), that the Algerian Government implemented precautionary measures and informed the United Nations Secretariat of its declaration of a state of emergency, in accordance with article 4, paragraph 3, of the Covenant. 4.2 The State party emphasizes that, in some areas characterized by the proliferation of informal settlements, civilians had trouble distinguishing the actions of terrorist groups from those of the security forces, to which they often attributed enforced disappearances. According to the State party, a large number of enforced disappearances must be seen in 4 GE.14-24393 Communications No. 1327/2004, Atamna v. Algeria, Views adopted on 10 July 2007, para. 7.8; No. 1640/2007, El Abani v. Libyan Arab Jamahiriya, Views adopted on 26 July 2010, para. 7.9; and No. 1495/2006, Madoui v. Algeria, Views adopted on 28 October 2008, para. 7.7. 5