CCPR/C/128/D/2819/2016 inhuman or degrading treatment or punishment, and the right to liberty and security of person.25 8.5 The Committee notes that Abdelhakim Houari was last seen on an unspecified date between June 1996 and May 1997, by three of his friends, while he was being detained at the Dar el Beïda military barracks. It notes that the State party has not produced any evidence indicating what happened to Abdelhakim Houari and has never even confirmed his detention. The Committee recalls that, in cases of enforced disappearance, the deprivation of liberty, followed by a refusal to acknowledge that deprivation of liberty or by concealment of the fate of the disappeared person, in effect removes that person from the protection of the law and places his or her life at serious and constant risk, for which the State is accountable. 26 In the present case, the Committee notes that the State party has produced no evidence indicating that it fulfilled its obligation to protect the life of Abdelhakim Houari. The Committee therefore finds that the State party has failed in its duty to protect Abdelhakim Houari’s life, in violation of his rights under article 6 (1) of the Covenant. 8.6 The Committee recognizes the degree of suffering involved in being held indefinitely without contact with the outside world. It recalls its general comment No. 20 (1992) on the prohibition of torture or other cruel, inhuman or degrading treatment or punishment, in which it recommends that States parties take steps to prohibit incommunicado detention. It notes that, in the present case, after hearing news about her son from three of his friends who had seen him at the Dar el Beïda military barracks, the author received no further information whatsoever about what had become of him or where he was being held, even though she tried several times to visit the barracks and made repeated requests to the State authorities. The Committee therefore considers that it is possible that Abdelhakim Houari, who disappeared on 13 November 1995, is still being held incommunicado by the Algerian authorities. In the absence of any explanation from the State party, the Committee considers that this disappearance constitutes a violation of article 7 of the Covenant in respect of Abdelhakim Houari.27 8.7 In view of the above, the Committee will not consider separately the claims relating to the violation of article 10 of the Covenant.28 8.8 The Committee also notes the anguish and distress caused to the author and her family by the disappearance of Abdelhakim Houari, who has been missing for more than 24 years. It considers that the facts before it disclose a violation of article 7, read alone and in conjunction with article 2 (3) of the Covenant, in respect of the author. 29 8.9 With regard to the alleged violation of article 9 of the Covenant, the Committee takes note of the author’s allegations that Abdelhakim Houari was arbitrarily arrested, without a warrant, was not formally charged and was not brought before a judicial authority, which would have enabled him to challenge the lawfulness of his detention. In the absence of any information from the State party in this regard, the Committee considers that due weight must be given to the author’s allegations,30 and it therefore finds a violation of article 9 of the Covenant in respect of Abdelhakim Houari.31 25 26 27 28 29 30 31 GE.20-12768 Katwal v. Nepal (CCPR/C/113/D/2000/2010), para. 11.3; Serna et al. v. Colombia (CCPR/C/114/D/2134/2012), para. 9.4; and El Boathi v. Algeria (CCPR/C/119/D/2259/2013), para. 7.4. See also the Committee’s general comment No. 36 (2018) on the right to life, para. 58. Louddi v. Algeria (CCPR/C/112/D/2117/2011), para. 7.4; Mezine v. Algeria, para. 8.4; and Boudjemai v. Algeria, para. 8.4. See also the Committee’s general comment No. 36, para. 58. Ammari v. Algeria, para. 8.5; Mezine v. Algeria, para. 8.5; Khirani v. Algeria (CCPR/C/104/D/1905/2009 and Corr.1), para. 7.5; Berzig v. Algeria, para. 8.5; and El Alwani v. Libyan Arab Jamahiriya (CCPR/C/90/D/1295/2004), para. 6.5. Ammari v. Algeria, para. 8.6. Mezine v. Algeria, para. 8.6; Khirani v. Algeria, para. 7.6; Berzig v. Algeria, para. 8.6; El Abani v. Libyan Arab Jamahiriya, para. 7.5; and El Hassy v. Libyan Arab Jamahiriya (CCPR/C/91/D/1422/2005), para. 6.11. Chani v. Algeria (CCPR/C/116/D/2297/2013), para. 7.5. See, inter alia, Mezine v. Algeria, para. 8.7; Khirani v. Algeria, para. 7.7; and Berzig v. Algeria, para. 8.7. 9