CCPR/C/112/D/2086/2011 8.4 The Committee notes that the authors assert that Sahraoui Ayache was arrested on the morning of 12 August 1994 at his home by security forces and has since disappeared. It further notes that, according to the authors, many persons arrested at the same time as Sahraoui Ayache allegedly died during their first night in detention because of the very arduous conditions in which they were held. The authors do not exclude the possibility that Sahraoui Ayache may also have died that night. The Committee notes that the State party has produced no evidence refuting the authors’ allegation. The Committee recalls that, in cases of enforced disappearance, the deprivation of liberty, followed by a refusal to acknowledge the deprivation of liberty or by concealment of the fate of the disappeared person, effectively removes the person from the protection of the law and places his or her life at serious and constant risk, for which the State is accountable. In the present case, the Committee notes that the State party has produced no evidence to indicate that it has fulfilled its obligation to protect the life of Sahraoui Ayache. The Committee therefore concludes that the State party has failed in its duty to protect Sahraoui Ayache’s life, in violation of article 6, paragraph 1, of the Covenant.23 8.5 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, which recommends that States parties should make provisions against incommunicado detention. It notes in the case in question that Sahraoui Ayache was arrested by military personnel on 12 August 1994 and that his fate is still unknown. The Committee also takes note of the author’s allegations concerning the extremely arduous conditions in which the disappeared person and the other persons arrested at the same time were detained, and which caused the death of many persons during the first night of detention. In the absence of a satisfactory explanation from the State party, the Committee considers that the disappearance of Sahraoui Ayache and the conditions in which the disappeared person was held during the first night constitute a violation of article 7 of the Covenant with regard to him.24 8.6 The Committee also notes the anguish and distress caused to the authors by the disappearance and the uncertainty as to the fate of Sahraoui Ayache. It considers that the facts before it disclose a violation of article 7, read alone and in conjunction with article 2, paragraph 3, of the Covenant, in respect of the authors. 25 8.7 With regard to the alleged violation of article 9, the Committee takes note of the authors’ claim that Sahraoui Ayache was arrested without a warrant by soldiers on 12 August 1994, that he was not charged or brought before a judicial authority, which would have enabled him to challenge the lawfulness of his detention, and that no official information was given to his friends and family regarding his fate, despite the fact that the authorities stated that his disappearances had occurred “in the context of the national tragedy”. In the absence of a satisfactory explanation from the State party on these points, the Committee concludes that there was a violation of article 9 of the Covenant.26 8.8 Regarding the complaint under article 10, paragraph 1, the Committee reiterates that persons deprived of their liberty may not be subjected to any hardship or constraint other 23 24 25 26 14 See Mezine v. Algeria, para. 8.4, and Boudjemai v. Algeria, para. 8.4. See Mezine v. Algeria, para. 8.5; Khirani v. Algeria, para. 7.5; Berzig v. Algeria, para. 8.5; and communication No. 1295/2004, El Alwani v. Libyan Arab Jamahiriya, Views adopted on 11 July 2007, para. 6.5. See 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 communication No. 1422/2005, El Hassy v. Libyan Arab Jamahiriya, Views adopted on 24 October 2007, para. 6.11. See, inter alia, Mezine v. Algeria, para. 8.7; Khirani v. Algeria, para. 7.7; and Berzig v. Algeria, para. 8.7. GE.14-21909