CCPR/C/112/D/2132/2012
regard to Adel, Tarek and Mohamed Kerouane, and of article 2 (para. 3), read in
conjunction with article 7 of the Covenant, with regard to the authors.
7.12 The Committee also takes note of the authors’ additional complaint that, at the time
of their arrest and disappearance, Tarek and Mohamed Kerouane were aged 16 and 15,
respectively. The Committee notes that the State party has not refuted these allegations. In
this regard the Committee recalls its general comment No. 17 (1989) on the rights of the
child, which states that the implementation of article 24 entails the adoption of special
measures to protect children, in addition to the measures that States are required to take
under article 2 to ensure that everyone enjoys the rights provided for in the Covenant. In the
present case, the State party took no account of the fact that the two brothers were minors in
order to give them special protection. The Committee therefore considers that the State
party has also violated article 24, paragraph 1, in respect of Tarek and Mohamed Kerouane,
who, as minors, should have been afforded special protection.
7.13 In light of the above, the Committee will not consider separately the authors’ claims
of a violation of article 10, paragraph 2 (b), of the Covenant in respect of Tarek and
Mohamed Kerouane.
8.
The Human Rights Committee, acting under article 5, paragraph 4, of the Optional
Protocol to the International Covenant on Civil and Political Rights, is of the view that the
information before it discloses violations by the State party of articles 6, 7, 9, 10 and 16,
and article 2 (para. 3), read in conjunction with articles 6, 7, 9, 10 and 16 of the Covenant,
in respect of Adel, Tarek and Mohamed Kerouane. In addition, the Committee finds a
violation of article 24 and of article 2 (para. 3), read in conjunction with article 24, in
respect of Tarek and Mohamed Kerouane. The Committee further finds a violation of
article 7 and of article 2 (para. 3), read in conjunction with article 7, in respect of the
authors.
9.
In accordance with article 2, paragraph 3, of the Covenant, the State party is under
an obligation to provide the family of Adel, Tarek and Mohamed Kerouane with an
effective remedy, including by: (a) conducting a thorough and effective investigation into
the disappearance of Adel, Tarek and Mohamed Kerouane and providing their family with
detailed information about the results of its investigation; (b) releasing Adel, Tarek and
Mohamed Kerouane immediately if they are still being held incommunicado; (c) if they are
dead, handing over their remains to their family; (d) prosecuting, trying and punishing those
responsible for the violations committed; and (e) providing adequate compensation to the
authors, and to Adel, Tarek and Mohamed Kerouane if they are alive, for the violations
suffered. Notwithstanding the terms of Ordinance No. 06-01, the State party should also
ensure that it does not impede enjoyment of the right to an effective remedy for the victims
of crimes such as torture, extrajudicial killings and enforced disappearances. The State
party is also under an obligation to prevent similar violations in the future.
10.
Bearing in mind that, by becoming a party to the Optional Protocol, the State party
has recognized the competence of the Committee to determine whether or not there has
been a violation of the Covenant and that, pursuant to article 2 of the Covenant, the State
party has undertaken to ensure to all individuals within its territory or subject to its
jurisdiction the rights recognized in the Covenant and to provide an effective and
enforceable remedy when a violation has been established, the Committee wishes to receive
from the State party, within 180 days, information about the measures taken to give effect
to the Committee’s Views. The State party is also requested to publish the present Views
and to have them widely disseminated in the official languages of the State party.
GE.14-22477
15
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