CCPR/C/122/D/2398/2014 the concluding observations on the third periodic report of Algeria under article 40 of the Covenant (CCPR/C/DZA/CO/3). He therefore asserts that, in keeping Mohamed Millis in detention without recognizing it as such, the Algerian authorities have denied his son the protection of the law and deprived him of his right to recognition as a person before the law, in violation of article 16 of the Covenant. 3.11 Finally, recalling freedom of peaceful assembly set forth in article 21 of the Covenant, as well as the conditions under which it may be restricted, the author notes that article 46 (9) of Ordinance No. 06-01 on the implementation of the Charter for Peace and National Reconciliation 4 prohibits collective expression by the families of disappeared persons and human rights defenders, including in relation to political meetings and demonstrations. He claims that he has been a victim of direct violations of his right to freedom of peaceful assembly and recalls that he was arrested on two occasions in 2010 and 2013 and held for several hours at a police station at the ages of 82 and 85. He claims that he was informed orally that he did not have the right to demonstrate as the implementing legislation for the Charter prohibits all demonstrations, and recalls that, in 2010, the President of the National Advisory Commission for the Promotion and Protection of Human Rights had himself banned demonstrations by families of the disappeared in front of his institution’s headquarters. He therefore considers that he is a victim of a violation of article 21 of the Covenant. 3.12 The author requests the Committee to: (a) find that Algeria has violated articles 2 (2) and (3), 6, 7, 9, 10 and 16 of the Covenant, with regard to Mohamed Millis, and article 2 (2), article 7 read in conjunction with article 2 (3), and article 21 of the Covenant with regard to the author and his family; and (b) urge the State party to respect its international commitments and give effect to the rights recognized in the Covenant, as well as all the rights recognized in all the international human rights conventions ratified by Algeria. He also asks the Committee to request the State party to order that independent and impartial inquiries be conducted with the aim of: (a) finding Mohamed Millis and adhering to its commitment under article 2 (3) of the Covenant; (b) bringing the perpetrators of this enforced disappearance before the competent civil authorities for prosecution in line with article 2 (3) of the Covenant; and (c) providing Mohamed Millis, if he is still alive, and his family with adequate, effective and prompt reparation for the harm suffered, in accordance with articles 2 (3) and 9 of the Covenant. He further states that the reparation should be appropriate and proportional to the gravity of the violation, should be full and complete and should involve guarantees of non-recurrence, including the establishment of an independent commission to shed light on the fate of missing persons and all victims of the conflict in Algeria in the 1990s. Lastly, he asks the Committee to urge the Algerian authorities to repeal articles 27 to 39, 45 and 46 of Ordinance No. 06-01 on the implementation of the Charter for Peace and National Reconciliation. State party’s observations 4.1 On 25 July 2014, the State party requested that the admissibility of the communication should be considered separately from the merits and referred, without appending a copy, to the memorandum and additional note giving the Algerian Government’s response on the inadmissibility of communications submitted to the Committee in connection with the implementation of the Charter for Peace and National Reconciliation. As the Committee had refused to consider the admissibility separately from the merits, the State party, on 9 March 2015, invited the Committee to refer to the background memorandum on the inadmissibility of communications submitted to the Committee in connection with the implementation of the Charter for Peace and National Reconciliation by way of comment on the merits of the allegations. 4 6 Article 46 of the Ordinance establishes that “anyone who, through his or her spoken or written statements or any other act, uses or makes use of the wounds caused by the national tragedy to undermine the institutions of the People’s Democratic Republic of Algeria, weaken the State, impugn the honour of its agents who served it with dignity or tarnish the image of Algeria abroad shall be liable to a term of imprisonment of 3 to 5 years and a fine of 250,000 to 500,000 [Algerian dinars]”. GE.18-10582