CAT/C/DZA/CO/3
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Missing persons
12. The Committee notes the acknowledgement by the State party of the enforced
disappearance of thousands of persons in Algeria since the start of the 1990s. It also notes that
the figures put forward by the Government concerning persons who have disappeared since the
1990s range from 4,000 to 7,000. The Committee expresses its concern that despite these facts
the competent judicial authorities have not initiated proceedings to investigate the fate of missing
persons and to identify, prosecute and punish the perpetrators of enforced disappearances. This
constitutes a violation of articles 12, 13 and 14 of the Convention. The Committee is also
concerned that the report of the ad hoc National Commission on Missing Persons has not been
made public to date. The publication of these facts would enable anyone with information which
could help to locate the missing persons to communicate it to the competent authorities
(arts. 12, 13 and 14).
The competent judicial authorities have the responsibility to launch investigations
spontaneously without requiring individual complaints to be registered in order to
shed light on the fate of missing persons, identify, prosecute and punish the
perpetrators of acts of enforced disappearance and adequately compensate the
families of missing persons. The State party should make a commitment to investigate
every case of enforced disappearance and communicate the results of investigations to
the families of missing persons, including by immediately making public the final
report of the ad hoc National Commission on Missing Persons.
The Committee also considers that the publication of the names of missing persons
registered since 1990 could be very useful during the gathering of information from
persons who could provide facts to help move the investigation forward. The
Committee also hopes that the State party will submit to it as soon as possible the list
of missing persons registered since the 1990s.
13. The Committee expresses its concern over the provisions of order No. 06-01 implementing
the Charter for Peace and National Reconciliation which require the families of missing persons
to certify the death of the family member in order to receive compensation, which could
constitute a form of inhuman and degrading treatment for such persons by laying them open
to additional victimization. The Committee is concerned that the criteria established for
compensating the families of missing persons have not been made public (art. 14).
The State party should abolish the rule obliging families to certify the death of the
missing person in order to receive compensation. The Committee reminds the State
party that the enforced or involuntary disappearance of persons may constitute
inhuman treatment for the members of families of missing persons. The State party
should also guarantee the right of such families to seek redress or be fairly and
adequately compensated, including by giving them the necessary psychological, social
and financial support so that they may make the fullest possible readjustment. The
Committee hopes that the State party will communicate to it as soon as possible the
criteria for compensating the families of missing persons.