Enforced disappearance of Mr. Yahia Kroumi in August 1994

In July 2011 TRIAL submitted an individual communication to the United Nations Human Rights Committee on behalf of Mr. Bouguera Kroumi, acting for his son Yahia Kroumi. Mr. Yahia Kroumi was arrested on 12 August 1994 in Constantine and he has been reported missing ever since. This incident has occurred within the general context of the enforced disappearance of thousands of Algerian citizens at the hands of the army or security forces of the State between 1992 and 1998.

Mr. Yahia Kroumi was abducted from his home in the morning of 12 August 1992 by the Algerian security service without an arrest warrant and without disclosing any information whatsoever to his father, who was present at the moment of the arrest. His arrest, along with those of some of his neighbours and relatives, followed the killing of two military officer in the region and it is part of a broader repressive policy targeting any opposition to the Algerian government, especially the supporters of the Islamic Salvation Front (FIS), accused of terrorist activities.

Taken to a secret detention centre, Mr. Kroumi had to suffer from terrible conditions of detention being located in a tiny cell of four square metres together with other 17 fellow prisoners. Obliged to stand in unbearably hot conditions, the majority of these inmates died during the first day of detention. It is possible to believe that Mr. Kroumi died there as well. Yet, to date nobody knows what happened to his body.

During the months and years following Mr. Kroumi’s arrest, his family, and his father Mr. Bouguera Kroumi in particular, has turned to all the competent Algerian authorities in order to find out about his fate and demand justice. The family approached both military authorities and the Algerian intelligence services. Furthermore they submitted requests and petitions to national judicial authorities and human rights bodies calling for an independent and impartial investigation.

But all these efforts were of no avail. No satisfactory response has ever been given to Mr. Kroumi’s family concerning the fate and whereabouts of Mr. Yahia Kroumi.

Despite the numerous steps undertaken and the unwavering hope of his family members, no light has been shed on the disappearance of Mr. Yahia Kroumi.

The author of the communication, Mr. Bouguera Kroumi, asks the Human Rights Committee to recognise that Algeria violated articles 2, 6, 7, 9, 10, 16 and 17 of theInternational Covenant on Civil and Political Rights against Mr. Yahia Kroumi. It is furthermore submitted that the situation gives rise to a violation of articles 2 and 7 of the ICCPR against the author of the communication as a result of the psychological suffering endured over the many years of uncertainty concerning the fate of his son.

The proceedings are currently underway before the United Nations Human Rights Committee.

General Context

These events took place within the context of the Algerian civil war during which thousands of persons, among which Mr. Yahia Kroumi, disappeared. Coming out of a bloody national liberation war, Algeria was plunged into a fratricidal conflict leading to a disproportionate use of violence and massive violations of human rights. According to different information sources, 7,000 to 20,000 persons were arrested or abducted by all corps of Algerian security services and the militia armed by the government between 1992 and 1998, and are still missing.

To date, none of the victims’ families have received information about their relatives, no investigation has ever been opened as a result of the criminal complaint and the procedure they have completed, and, thought the persons who committed the crimes and the backers are known, none of them have ever been prosecuted or troubled.

Furthermore, since the promulgation in February 2006 of the Charter for Peace and National Reconciliation, the victims’ families are confronted with the legal prohibition of bringing their cases, such as that of Mr. Yahia Kroumi, before courts at the risk of being sanctioned by the Algerian criminal system because Algeria considers that taking these steps would be tantamount to “exploit and take advantage of the wounds of the national tragedy” and undermine the on-going national reconciliation process.

The decision

In October 2014, the Human Rights Committee communicated its decision (called “views” in the UN language).

The Committee held that Algeria violated Articles 6 § 1, 7, 9, 10 § 1, 16 and 23 of the International Covenant on Civil and Political Rights, taken alone and in conjunction with Article 2 § 3 of the Covenant with regards to the victim.

The Committee also held that Algeria violated Article 7 of the ICCPR, taken alone and in conjunction with Article 2 § 3, with regards to the victim’s son.

The Committee requested Algeria “to conduct a deep and rigorous investigation into the disappearance of Mr. Yahia Kroumi”. Algeria is also requested to “provide the authors with detailed information concerning the results of its investigation”, “to free the victim immediately if he is still being secretly detained” or, “if he is deceased, to return his mortal remains to his family”. Moreover, the Committee insisted on Algeria’s obligation to “indict, try and punish those responsible for the violations committed” and to pay an appropriate compensation to the family of the victim for the violations committed.

Algeria is further requested to guarantee the effectiveness of the domestic justice system, especially with respect to victims of torture, extrajudicial killings and enforced disappearance and to take steps to avoid the recurrence of similar violations.