authorities’ discrimination against them for their
political opinions are insufficient to reveal a
violation.
13. The Human Rights Committee, acting under
article 5, paragraph 4, of the Optional Protocol, is of
the view that the facts before it disclose a violation
of articles 7 and 14, paragraph 1, of the Covenant.
14. The Committee recalls that in acceding to the
Optional Protocol, the State party recognized the
competence of the Committee to determine whether
the Covenant had been breached and that, under
article 2 of the Covenant, it undertook to ensure to
all individuals within its territory and subject to its
jurisdiction the rights recognized in the Covenant,
and to guarantee an effective and enforceable
remedy when a violation has been established.
Under article 2, paragraph 3 (a), of the Covenant, the
State party is required to provide Ms. Sankara and
her sons an effective and enforceable remedy in the
form, inter alia, of official recognition of the place
where Thomas Sankara is buried, and compensation
for the anguish suffered by the family. The State
party is also required to prevent such violations from
occurring in the future.
15. Bearing in mind that, by acceding to the
Optional Protocol, States parties recognize the
competence of the Committee to determine whether
there has been a violation of the Covenant, and that,
under article 2 of the Covenant, they undertake to
ensure to all individuals within their territory and
subject to their jurisdiction the rights recognized in
the Covenant, and to guarantee an effective and
enforceable remedy when a violation has been
established, the Committee wishes to receive from
the State party, within 90 days following the
submission of these Views, information about the
measures taken to give effect to them. The State
party is also requested to publish the Committee’s
Views.
Communication No. 1172/2003
Submitted by: Salim Abbassi (represented by Mr. Rachid Mesli)
Alleged victim: Abbassi Madani (his father)
State party: Algeria
Date of adoption of Views: 28 March 2007
Subject matter: Arbitrary detention, house arrest, fair
trial, freedom of expression
The Covenant and the Optional Protocol entered into
force for the State party on 12 December 1989.
Procedural issue: Power of attorney
The facts as presented by the author
Substantive issues: Right to liberty and security of
person; arbitrary arrest and detention; right to
liberty of movement; right to a fair trial; right
to a competent, independent and impartial
tribunal; right to freedom of expression
2.1 Abbassi Madani is one of the founding
members and, at the time of the submission of the
communication, president of the Front Islamique du
Salut (Islamic Salvation Front) (FIS), 1 an Algerian
political party approved by the State party as of 12
September 1989 following the introduction of
political pluralism. With a view to forthcoming
elections and in the wake of gains made by FIS
during the local elections of 1990, the Algerian
Government had to push through a new electoral
law, which was unanimously condemned by all
Algerian opposition parties. Protesting against this
law, FIS organized a general strike along with
peaceful sit-ins in public squares. After a few days
of strikes and peaceful marches, the parties agreed to
end the protest movement in exchange for a review
of the electoral law in the near future. Despite this
agreement, on 3 June 1991, the head of Government
Articles of the Covenant: 9, 12, 14 and 19
Articles of the Optional Protocol: Finding: Violation (arts. 9 and 14)
1.
The author of the communication, dated 31
March 2003, is Salim Abbassi, born on 23 April
1967 in Algiers, who is submitting the
communication on behalf of his father, Mr. Abbassi
Madani, an Algerian citizen, born on 28 February
1931, in Sidi Okba (Biskra). The author states that
his father is the victim of violations by Algeria of
articles 9, 12, 14, 19, 20 and 21 of the International
Covenant on Civil and Political Rights (the
Covenant). He is represented by Mr. Rachid Mesli.
134
134
1
FIS was disbanded in 1992, as the author confirms (see
para. 2.5).
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