CCPR/C/119/D/2259/2013 7.5 The Committee notes that the author’s son was last seen taking the bus from Place des Martyrs on 17 January 1994 and that the author and her family have been without news of him since that day. The Committee also notes that, at the Oued Koriche police station, Officer A.Z. told the prosecutor of Baïnem court in Algiers that he had arrested Brahim El Boathi but later told the author that he had arrested and killed her son. The Committee takes note of the many contradictory pieces of information regarding Brahim El Boathi’s fate, including the refusal on 2 May 2000 to issue a disappearance decision, implying that the Algerian authorities still believed him to be alive at that time. The Committee notes that the State party has not provided any evidence to clarify the conflicting information provided to the author concerning the fate of Brahim El Boathi, nor to confirm the date or the circumstances of his possible death. It 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.13 In the light of the statements by Officer A.Z. and the many years since Brahim El Boathi’s disappearance, it is highly likely that, the absence of a body notwithstanding, he was the victim of summary execution by Officer A.Z. or that he died in detention. 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 Brahim El Boathi. The Committee therefore finds that the State party has failed in its duty to protect Brahim El Boathi’s life, in violation of article 6 (1) of the Covenant. 7.6 The Committee acknowledges the degree of suffering caused by being detained without contact with the outside world for an indefinite period. 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, in the present case, that the author and Brahim El Boathi’s family have never received any information on his fate or place of detention. The Committee therefore finds that Brahim El Boathi, who disappeared on 17 January 1994 and was still considered to be alive on 2 May 2000, was held incommunicado for at least that length of time 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 with regard to Brahim El Boathi. 14 7.7 In the light of the foregoing, the Committee will not consider separately the claims in relation to the violation of article 10 of the Covenant. 15 7.8 The Committee also takes note of the anguish and distress caused to the author and her family by the disappearance of Brahim El Boathi. It considers that the facts before it disclose a violation with regard to them of article 7, read alone and in conjunction with article 2 (3), of the Covenant. 16 7.9 With regard to the alleged violation of article 9, the Committee takes note of the author’s allegations that Brahim El Boathi was arbitrarily arrested, without a warrant, and was not formally charged or brought before a judicial authority before which he could have challenged the lawfulness of his detention. In the absence of any information from the State party in that regard, the Committee considers that due weight must be given to the author’s 13 14 15 16 GE.17-07865 See communication No. 2117/2011, Louddi v. Algeria, Views adopted on 30 October 2014, para. 7.4; Mezine v. Algeria, para. 8.4; and Boudjemai v. Algeria, para. 8.4. See Ammari v. Algeria, para. 8.5; Mezine v. Algeria, para. 8.5; Khirani v. Algeria, para. 7.5; Djebrouni 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 Ammari v. Algeria, para. 8.6. See Mezine v. Algeria, para. 8.6; Khirani v. Algeria, para. 7.6; Djebrouni 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. 9