CCPR/C/128/D/2924/2016
international investigation or settlement. The Committee notes that the disappearance was
reported to the Working Group on Enforced or Involuntary Disappearances. However, it
recalls that extra-conventional procedures or mechanisms established by the Human Rights
Council, and whose mandates are to examine and report publicly on human rights situations
in specific countries or territories, or cases of widespread human rights violations
worldwide, do not generally constitute an international procedure of investigation or
settlement within the meaning of article 5 (2) (a) of the Optional Protocol. 8 Accordingly, the
Committee finds that the examination of the case of Ahmed Braih by the Working Group
on Enforced or Involuntary Disappearances does not render the communication
inadmissible under this provision.
5.3
Regarding the exhaustion of domestic remedies, the Committee recalls that the State
party has a duty not only to carry out thorough investigations of alleged violations of
human rights brought to the attention of its authorities, particularly violations of the right to
life, but also to prosecute, try and punish anyone held to be responsible for such violations. 9
Ahmed Braih’s family has repeatedly alerted the competent authorities of the State party to
his enforced disappearance, but these authorities have not carried out any investigation in
this regard. Furthermore, the State party has not offered any evidence showing that an
effective remedy has yet been made available. The Committee is also concerned to note that
the State party has not provided any information or observations on the admissibility or
merits of the communication.10
5.4
In this connection, the Committee recalls that, in its concluding observations on the
fourth periodic report of Algeria, it expressed concern about the de facto devolution of
authority, especially jurisdictional authority, to the Frente POLISARIO, as such a situation
was inconsistent with the State party’s obligation to respect and guarantee all Covenant
rights for all persons within its territory. The Committee also expressed concern about the
situation of victims of violations of Covenant provisions in the Tindouf camps, as such
victims did not have access to an effective remedy in the State party’s courts. 11 In the
circumstances, the Committee finds that, in the present case, there are no obstacles to its
consideration of the communication under article 5 (2) (b) of the Optional Protocol.
5.5
The Committee further notes the author’s allegations that the State party is in breach
of its obligation under article 2 (1) of the Covenant to ensure to all individuals subject to its
jurisdiction, without distinction, the right to an effective remedy recognized under article 2
(3). Recalling its jurisprudence according to which the provisions of article 2 lay down
general obligations for States parties and cannot, in and of themselves, give rise to a
separate claim under the Optional Protocol, and can be invoked only in conjunction with
other substantive articles of the Covenant,12 the Committee finds the author’s claim under
article 2 (1) of the Covenant, read in conjunction with article 2 (3), to be inadmissible under
article 3 of the Optional Protocol.
5.6
The Committee finds that the author has sufficiently substantiated his remaining
allegations for the purposes of admissibility, and thus proceeds to examine the merits of his
claims under articles 2 (3), 6 (1), 7, 9, 10 (1), 16 and 23 (1) of the Covenant.
Consideration of the merits
6.1
The Committee has considered the present communication in the light of all the
information made available to it, in accordance with article 5 (1) of the Optional Protocol.
8
9
10
11
12
GE.20-14652
See, inter alia, Y. v. Canada (CCPR/C/116/D/2314/2013), Mandić v. Bosnia and Herzegovina
(CCPR/C/115/D/2064/2011), Tharu et al. v. Nepal (CCPR/C/114/D/2038/2011), Ammari v. Algeria
(CCPR/C/112/D/2098/2011) and Zaier v. Algeria (CCPR/C/112/D/2026/2011).
Boudjemai v. Algeria (CCPR/C/107/D/1791/2008), para. 7.4.
Belamrania v. Algeria (CCPR/C/118/D/2157/2012), para. 4; Khelifati v. Algeria
(CCPR/C/120/D/2267/2013), para. 4.
CCPR/C/DZA/CO/4, para. 9.
See, for example, H.E.A.K. v. Denmark (CCPR/C/114/D/2343/2014), para. 7.4; Castañeda v. Mexico
(CCPR/C/108/D/2202/2012), para. 6.8; Ch.H.O. v. Canada (CCPR/C/118/D/2195/2012), para. 9.4;
Peirano Basso v. Uruguay (CCPR/C/100/D/1887/2009), para. 9.4; and A.P. v. Ukraine
(CCPR/C/105/D/1834/2008), para. 8.5.
7