CCPR/C/128/D/2924/2016
Covenant and of article 2 (3), read in conjunction with articles 6, 7, 9 and 16, of the
Covenant in respect of Ahmed Braih. It also finds a violation by the State party of article 7,
read alone and in conjunction with article 2 (3), of the Covenant in respect of the author.
8.
Pursuant to article 2 (3) (a) of the Covenant, the State party is under an obligation to
provide the author with an effective remedy. This requires it to make full reparation to
individuals whose Covenant rights have been violated. In the present case, the State party is
obligated to: (a) conduct a prompt investigation that is effective and thorough, impartial and
independent, and transparent into the disappearance of Ahmed Braih and provide the author
with detailed information about the results of the investigation; (b) immediately release
Ahmed Braih if he is still being held incommunicado; (c) in the event that Ahmed Braih is
deceased, return his remains to his family in a dignified manner, in accordance with the
cultural norms and traditions of the victims; (d) prosecute, try and punish those responsible
for the violations that have been committed; (e) provide full reparation, including adequate
compensation, to the author and to Ahmed Braih, if he is alive; and (f) provide appropriate
measures of satisfaction to the author. Notwithstanding the de facto devolution of authority
by the State party to the Frente POLISARIO, the State party should also ensure that the
right to an effective remedy of persons in the Tindouf camps who are victims of crimes
such as torture, extrajudicial execution and enforced disappearance is not infringed. The
State party is also under an obligation to take all steps necessary to prevent similar
violations from occurring in the future. In this regard, as already mentioned in the
Committee’s concluding observations on the fourth periodic report of Algeria, the
Committee takes the view that, as an obligation emanating from article 2 (1) of the
Covenant, the State party should ensure the liberty and security of persons as well as access
to effective remedies for all persons within its territory, including those in the camps at
Tindouf, who claim to be the victim of a violation of the Covenant’s provisions.
9.
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 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 and subject to its jurisdiction the
rights recognized in the Covenant and to provide an effective and enforceable remedy when
it has been determined that a violation has occurred, the Committee wishes to receive from
the State party, within 180 days, information about the measures taken to give effect to the
present 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.
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