Judicial Body: UN Human Rights Committee (CCPR)

In December 2010, TRIAL lodged an individual complaint before the United Nations Human Rights Committee on behalf of Ms Bariza Zaier, spouse of Rachid Sassene. She acts in the name of her husband, kidnapped on 18 May 1996 in Constantine, and missing ever since. He disappeared during a widespread campaign of forced disappearances in Algeria between 1992 and 1998.

Mr. Rachid Sassene was arrested at his home by over twenty policemen of the commissariat of Constantine. He was then driven to his second flat where his wife, Ms Zaier, was violently arrested. They were then both brought to the central prison of Coudiat.

Up until she was released from prison on 3 June 1996, Ms Zaier was able to communicate with her husband. Since her release, she has not been informed on the fate and whereabouts of her husband, despite numerous attempts to obtain information from the authorities. The answers provided to her queries have proven incoherent and contradictory. Algerian authorities initially alleged that Rachid Sassene had never been arrested before stating that he had been “eliminated” by the security forces the day after his arrest, a fact that Ms Bariza Zaier knows is wrong, since she was able to talk with her husband during the two weeks that followed their arrest.

Ms Zaier, her children and Mr. Sassene’s father never stopped searching for him and undertook all possible steps to know the truth about his fate. Rachid Sassene’s disappearance also caused them a lot of administrative burden, obliging Ms Zaier to apply for a death certificate for her husband, in order to abide with the 2006 Charter for Peace and National Reconciliation.

In her complaint before the UN Human Rights Committee, Ms Zaier requests that Algeria be found in violation of articles 2 § 3, 6 § 1, 7, 9 § 1, 2, 3, and 4, and of articles 10 and 16 of the International Covenant on Civil and Political Rights (right to an effective remedy, right to life, prohibition of torture and cruel, inhuman or degrading treatment or punishment , right to life and security of person, prohibition of inhuman treatment for all persons deprived of their liberty and right to recognition as a person before the law). She also asks for the violation of the articles 2 § 3 and 7 of the Covenant to be recognized for herself and her children, the disappearance of her husband being the cause of a long and painful uncertainty for all the family.

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

General Context

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.

 

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 17 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 spouse.

The Committee requested Algeria “to conduct a deep and rigorous investigation into the disappearance of Mr. Rachid Sassene”. 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

 

The case

In March 2015 TRIAL submitted a communication to the Human Rights Committee on behalf of Ms. Devi Maya Nepal (pseudonym). Ms. Devi Maya Nepal is a member of the Tharu indigenous community.

On 20 August 2002 Ms. Devi Maya Nepal was subjected to rape and other forms of ill-treatment by six members of the Royal Nepalese Army (RNA) when she was at home with her three years old daughter.

The subsequent attempts of Ms. Devi Maya Nepal to obtain justice and redress for the harm suffered were frustrated, as Nepalese authorities refused to register her claims because she did not report the rape within 35 days from having suffered such treatment (which would have been materially impossible for her).

On 22 January 2015 Ms. Devi Maya Nepal submitted a complaint to the Supreme Court of Nepal, seeking relief and requesting the latter to order that the 35-day statute of limitations is not applied in her case. The claim is currently pending before the Supreme Court of Nepal, but she has no real prospect of success, considering that the Court never disregarded the statute of limitations established under domestic legislation in individual cases and that a previous order to amend the relevant provisions remains unimplemented since 2008.

Ms. Devi Maya Nepal requested the Human Rights Committee to find that she is a victim of a violation of Art. 7 (prohibition of torture), read alone and in conjunction with Arts. 2, para. 1 (prohibition of discrimination), 2 (obligation to adopt legislative measures), 3 (right to an effective remedy); 3 (equality between men and women); and 26 (prohibition of discrimination) of the International Covenant on Civil and Political Rights.

 

Decision

During its 132nd session (28 June—23 July 2021), the members of the Human Rights Committee adopted their Views on the case of Devi Maya. The decision was made public on OHCHR website on 22 November 2021.

The HRC recognized all claims made in the Communication and in particular that:

  • The rape and sexual violence suffered by Devi Maya amounted to torture, violation of her privacy, disruption of her family life and marriage and had particularly serious discriminatory consequences for her.
  • Nepal failed to adopt such laws and other measures necessary to give effect to the author’s rights under the Covenant with regard to rape and other forms of sexual violence. It failed to criminalize torture and repeal all laws that grant impunity to alleged perpetrators of acts of torture
  • Nepali authorities failed to conduct a thorough, independent, impartial and prompt investigation into the author’s allegations of torture and sexual violence
  • Nepal failed to provide special measures of protection to which the author was entitled as a member of a particularly vulnerable group – the indigenous community of the Tharu – and instead subjected her to multiple forms of discrimination based on her status as a young indigenous woman.
  • The author’s rights to privacy, safety from unlawful attacks on honor and reputation, and family life were also breached
  • The author is entitled to an effective remedy, including compensation for the harm suffered, rehabilitation, satisfaction and guarantees of non-recurrence

The Committee considers that the remedies in the criminal justice system were both ineffective and unavailable to the author, in view of the legal and practical limitations on filing a complaint for rape in Nepal. Remarkably, the Committee also noted that transitional justice mechanisms cannot serve to dispense with the obligation to prosecute the perpetrators of serious human rights violations and considered that resorting to the Truth and Reconciliation Commission would have not constituted an effective remedy for the author.

Hence Nepal is notably under obligation to provide Devi Maya with an effective remedy, to conduct an effective investigation into the facts, to prosecute, try and punish those responsible for the violations, and to ensure rehabilitation and adequate compensation to Devi Maya. The State party is also under an obligation to take steps to prevent the occurrence of similar violations in the future, by adapting its legislation.

Read the full decision here.

 

The General Context

The facts of this case must be read in the frame of human rights abuses, including widespread torture and sexual violence perpetrated during the 10-year internal armed conflict in Nepal. In particular, rape was perpetrated in a systematic manner and many women were silenced by the stigma attached to sexual violence both in war and peacetime. This must be inscribed in the prevailing context of discrimination against women and other vulnerable groups, including indigenous communities. In Nepal there is a persistence of patriarchal attitudes and deep-rooted stereotypes that perpetrate discrimination against women in all spheres of life. At the time of writing, no one has been convicted for rape committed during the conflict and this climate of absolute impunity has been fostered by flawed legislation. Thousands of victims, as Ms. Devi Maya Nepal, have been deprived of their rights of access to justice and reparations.

 

During the month of May 2009, TRIAL submitted an individual communication against Algeria to the United Nations Human Rights Committee on behalf of Aouali Mounie, Faraoun Feryale and Bouregba Fatiha each acting respectively in their capacity as wife, daughter and mother of Mr. Farid Faraoun.

This is now the thirteenth case to be lodged against Algeria by TRIAL.

Mr. Farid Faraoun was a farmer, livestock breeder and milk producer and a well known personality in his region. On 11 February 1997, around noon, he was arrested arbitrarily at his home by security agents from the wilaya of Sidi-Bel-Abbes, within the framework of a vast police dragnet.

He has not been seen since.

The day following his arrest, his wife and children were forced out of their family home, which was then immediately and totally destroyed by demolition equipment.

During the night of 12 February 1997, Mr. Faraoun’s wife was able to meet in secret with a government official, who told her that her husband had been tortured on the night he was arrested. During the following months, the family received information from various different sources, according to which Farid Faraoun had been badly injured and had been seen in two different military hospitals.

However, the family was unsuccessful, afterwards, in finding out where he was or to establish any contact with him. Despite numerous requests to the authorities asking them to open up an inquiry, no information whatsoever was able to be obtained concerning the fate and whereabouts of Farid Faraoun.

The Human Rights Committee has been asked to decide that the disappearance of Farid Faraoun constitutes, in his regard, a violation of his rights as follows: the  right to life; the right not to be subjected to torture or to cruel, inhuman or degrading treatment or punishment; the right to liberty and security of the person; the right to be treated, while deprived of liberty, with humanity and with respect for the inherent dignity of the human person; the right to recognition everywhere as a person before the law;  the right not be subjected to arbitrary or unlawful interference with his privacy and family; the right to protection of the family by society and the State and the right to an effective appeal against these violations (articles 6 § 1, 7, 9 §§ 1, 2, 3 and 4, 10 § 1, 16, 17, 23 §§ 1 and 2 § 3 of the International Covenant on Civil and Political Rights).

It has also been requested that an enquiry be undertaken into the circumstances surrounding the alleged violations and that criminal proceedings be opened up against those responsible.

Furthermore, the Committee has been requested to establish that the authors of the communication have themselves been subjected to a violation of their rights as follows: not to be subjected to cruel, inhuman or degrading treatment; not to be subjected to arbitrary or unlawful interference with their privacy and family; to benefit from the protection of the family by society and the State and to an effective appeal against these violations (articles 2 § 3, 7, 17, and 23 § 1 of the Covenant).

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

The Decision

In October 2013, the Human Rights Committee communicated its decision (in French only), called “views” by the UN.

The Committee held that Algeria violated Articles 6 §1, 7, 9, 10 §1 and 16 of the International Covenant on Civil and Political Rights, taken alone and in conjunction with Article 2 § 3 of the Covenant, as well as Article 17 taken in conjunction with Article 2 §3 of the Covenant, with regards to Mr. Nour-Eddine Mihoubi. The Committee also held that Algeria violated Articles 7 and 17 of the ICCPR, taken alone and in conjunction with Article 2 § 3, with regards to the victim’s family.

The Committee requested Algeria to conduct a deep and rigorous investigation into the disappearance of Mr. Farid Faraoun, to provide his family with detailed information concerning the results of its investigation, to free him 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 sanction those responsible for the violations committed.

Algeria was also required to pay an adequate compensation to the family of the victim for the violations endured and, if still alive, to the victim itself.Algeria is also required to ensure the effectiveness of its judicial system, in particular regarding the victims of torture, extrajudicial executions and enforced disappearances, and take action in order to avoid the repetition of such violations.

 

General Context

These events took place within the context of the Algerian Civil War during which thousands of persons disappeared. Indeed, according to some sources some 7,000 to 20,000 persons were abducted by the Algerian security services between 1992 and 1998. Members of these services were able to act with total impunity. Since the implementation of the National Charter for Peace and Reconciliation was implemented these same members have benefitted from a complete amnesty. Moreover, today it is now forbidden to lodge a complaint for the crimes or exactions of which M. Faraoun was the victim.

 

Geneva/Ottawa (8 February 2016) – Ten years after prominent human rights defender Pascal Kabungulu was shot dead by soldiers in the Democratic Republic of Congo (DRC), his family is ling a complaint before the United Nations with the help of two NGOs, TRIAL and the Canadian Centre for International Justice. The complaint before the UN Human Rights Committee comes after tireless efforts by the family and human rights groups to restart long-stalled judicial proceedings in the DRC.

Armed men in military uniforms murdered Kabungulu on 31 July 2005 in his home, in front of his family. His death followed several threats against him as a result of his human rights work with the organisation Héritiers de la Justice in Bukavu, South Kivu.

Just days after the murder, Kabungulu’s wife, Déborah Kitumaini, also came under threat and had to flee the country with her six children. The family eventually resettled as refugees in Canada, where they now run the Pascal Kabungulu Foundation, which supports the families of human rights defenders assassinated in the DRC.

“Pascal was an exceptional husband and father. He was the love of my life. He was a courageous man, but also proud, funny, and tender. It has been ten years since he was taken from us, yet not a single day passes that we don’t think of him,” said Déborah Kitumaini.

The long path to justice

Despite the commencement of legal proceedings in 2005, the prosecution effectively ended when witnesses implicated high-ranking officials in the murder and the case was transferred to a higher court. Since then, efforts by the family and human rights organizations have been unable to convince authorities to restart the trial.

As a result, the family is now filing a complaint before the United Nations Human Rights Committee. Two NGOs, the Canadian Centre for International Justice (CCIJ) andTRIAL have worked closely with the Kabungulus to continue pushing for justice.

“There has been a lack of political will to hold government officials accountable,” explained Matt Eisenbrandt, CCIJ’s Legal Director. “Although we welcome some positive legislative developments in the DRC, in this case the government has taken no steps to punish Pascal’s killers.”

“Pascal’s family has suffered a lot and deserves justice to be served at last,” said Philip Grant, Director of TRIAL. “We also want to shine a light on the continued danger for other human rights defenders in the DRC to help prevent further crimes against them.”

“Our family has great hope that the United Nations will render a favourable decision,”said Heri Kabungulu, son of Pascal Kabungulu. “The DRC would then be urged to reopen the investigation and punish the perpetrators: it’s time for impunity to end.”

For more information

Read the case summary on Storify

Read Deborah Kitumaini’s full interview on Storify

The decisions of the United Nations Human Rights Committee (HRC) on the conflict-era enforced disappearance cases have gone unimplemented. To date, the HRC has decided ten individual cases against Nepal and eight cases were related with enforced disappearance.

Read the complete news release & media kit

In five cases decided by the HRC, the victims’ fate and whereabouts is still unknown and unaccounted for. Likewise, in three cases linked with torture, the HRC has acknowledged the fact that these victims were illegally detained, tortured and were subjected to enforced disappearance.

In its decisions, the UN holds the Nepalese government responsible for the enforced disappearance and torture of thosevictims. Furthermore, the HRC acknowledges that the relatives of the disappeared are also victims of human rights violations themselves, due to the deep anguish and distress owing to the disappearance of their loved ones. It further urges the authorities to carry out a thorough investigation into the cases, prosecute the culprits and grant appropriate reparations to their relatives.

Out of the cases viewed by the HRC so far, four were filed on behalf of the victims by TRIAL (Track Impunity Always), a Geneva-based NGO, and four by Advocacy Forum-Nepal. Among the cases decided are on the enforced disappearances of Surya Prasad Sharma, Yubraj Giri, Dev Bahadur Maharjan, Mukunda Sedhai, Tej Bahadur Bhandari, GyanendraTripathi, Jit Man Basnet, and Chakra Bahadur Katwal. Each of them was forcibly arrested, tortured and disappeared by state security forces during the 1996-2006 conflict in Nepal. Among them, the fate and whereabouts of Surya Prasad Sharma, Mukunda Sedhai, Tej Bahadur Bhandari, Gyanendra Tripathi and Chakra Bahadur Katwal is still unknown and unaccounted for. Yubraj Giri, Dev Bahadur Maharjan and Jitman Basnet were illegally detained, tortured and were subjected to enforced disappearance and later, they were released from the detention.

The case of Surya Prasad Sharma was the first decided against Nepal in October 2008. Likewise, the cases of Yubraj Giri, Dev Bahadur Maharjan, Mukunda Sedhai were decided in March 2011, July 2012, and July 2013 respectively. The cases of Bhandari, Tripathi and Basnet were decided in November 2014 and Katwal’s case was decided in April 2015.

In particular, the UN HRC urged the government of Nepal to:

  • investigate into the facts and inform the families about the results of such investigation;
  • prosecute, try and punish the perpetrators;
  • provide effective reparation to the victims’ relatives, including economic compensation and measures of satisfaction such as a public apology;
  • provide psychological rehabilitation and medical care to some of the victims’ relatives;
  • translate the decisions into Nepali and to widely publicize them;
  • adopt measures to ensure that similar violations do not occur in the future (for instance, by criminalizing enforced disappearance).

The decisions, rendered by one of the most prominent international human rights bodies, send a message of hope to the families of all victims of enforced disappearances and torture in the country.

However, despite the victims’ efforts to bring the UN decisions to reality, the government has not done anything beyond providing some monetary compensation in one or two cases. This brings to light the utter government apathy towards the victims and their families. In reality, there is no effective procedure in place to implement the HRC’s views.

The perpetual violence of the social, economic and cultural costs of the disappearance of a family member still lives among scores of Nepalese people. The disappearance of a relative has created a deep vacuum in these families. For instance, the wives of the disappeared are called ‘half-widows’ and face countless obstacles to carry on with their lives.

In commemoration of the International Day of the Disappeared, TRIAL and Advocacy Forum-Nepal would once again like to urgeto the government of Nepal to immediately take necessary measures to put the UN Views to implementation and leave no stone unturned to that front.

“If Nepal wants to be perceived as a country governed by the rule of law, it must swiftly implement these decisions. A democratic State cannot longer remain mute over sorrows of its citizens marred by impunity”, says Philip Grant, Director of TRIAL.

Dr. Trilochan Upreti, Director of Advocacy Forum-Nepal says, “The State has made commitments at both the national and international levels to provide justice to victims. When it fails to do so at the national level, bodies at the international level have jurisdiction to consider the case and find Nepal responsible for breaching its obligations. It is in the State’s own interest to implement the decision of the HRC and provide justice at the domestic level.A failure to do so will only lead to further criticisms.”

In reference to the recently formed Commission for Inquiry of Enforced Disappearances (CIED), TRIAL and Advocacy Forum-Nepal welcome the added scope of scrutiny against widespread impunity in Nepal. However, it has to be noted that this transitional justice mechanism have a truth-seeking mandate, and therefore cannot replace a court of law. Moreover, the measures of reparation requested by the HRC are wider than the mandate of the CIED. For this reason, their implementation cannot be left alone to the CIED. TRIAL and Advocacy Forum-Nepal request the government of Nepal to implement the decisions of the HRC promptly and effectively.

In July 2015, TRIAL and 13 local associations working with women victims of sexual violence during the war, relatives of missing persons and victims of torture submitted a report to inform the Human Rights Committee on the ongoing violations suffered by these categories and the remaining obstacles in the implementation of the International Covenant on Civil and Political Rights. The Human Rights Committee will adopt its list of issues in November 2015 and will examine BiH in the forthcoming months.

The United Nations delivered landmark decisions by giving justice to three conflict-era victims in Nepal. The decisions, rendered by one of the most prominent international human rights bodies, send a message of hope to the families of all victims of enforced disappearances and torture in the country. As widespread impunity still prevails in post-conflict Nepal, the Geneva-based NGO TRIAL welcomes this very encouraging step towards justice and urges Nepali authorities to comply with their international obligations without delay.

On 12 and 13 November 2014, the UN Human Rights Committee made public its decisions on the enforced disappearances of Tej Raj Bhandari, Gyanendra Tripathiand Jit Man Basnet. Each of them was forcibly arrested, tortured and disappeared by state security forces during the 1996-2006 civil war in Nepal. In its decisions, the UN holds the Nepalese government responsible for their enforced disappearance and torture. It further urges the authorities to carry out a thorough investigation into the cases, prosecute the culprits and grant appropriate reparations to the victims.

All three cases were submitted to the UN by TRIAL, a Geneva-based NGO that fights against impunity. These are the first Nepali cases won before the Human Rights Committee by the NGO, which has supported the victims and their relatives in their struggle for justice. For TRIAL and the many victims of human rights violations in Nepal, the three decisions represent an encouraging first step in the fight against impunity in post-war Nepal: “if Nepal wants to be perceived as a country governed by the rule of law, it must swiftly implement these decisions. Prosecuting the perpetrators and offering truth and redress to the victims or their families is already long overdue”, says Philip Grant, Director of TRIAL.

 

The victims

Bhandari, a retired teacher and social worker from Lamjung, was arrested by Nepalese security forces in 2001. Suspected of being a Maoist sympathizer, he was arbitrarily arrested and badly beaten by the Royal Nepal Army. Since that day he was never seen again, leaving his family grieving on his disappearance. For many years his son Ram Bhandari, a prominent human rights activist in Nepal, fought to obtain justice before national tribunals: “I kept filing complaints before national tribunals but all I obtained in return was silence and denial from the Nepalese authorities”.

Tripathi, a left wing activist, was illegally arrested in 2003 and was last seen a few months later in life-threatening conditions and with visible signs of torture at the Maharajgunj barracks, controlled by the Royal Nepalese Army (RNA).

Basnet, a journalist and human rights lawyer, was also disappeared, put in arbitrary detention and tortured by Nepalese security forces in 2004, allegedly because of his human rights activities. While Bhandari and Tripathi are still missing, Basnet was released after 258 days in incommunicado detention.

 

The UN decision: hope for the victims of enforced disappearances

The UN decisions send a clear warning to Nepalese authorities, which too often dismiss the plights of victims of enforced disappearances. In the framework of the proceedings before the Committee, the Nepalese authorities claimed they could not consider the cases before the transitional justice mechanisms were put in place. The UN rejected this argument and urged the government to deliver justice to the victims. The Government is also required to widely publicize the decision in Nepali, and to report to the Committee within 180 days.

The victims’ relatives trust “this decision will put pressure on the government to look into the many cases of enforced disappearances and inform all the families about the whereabouts of their beloved ones”. Ram Bhandari added that: “In this long wait for justice, we will not step back without knowing the truth.”

 

Background information

The conflict in Nepal claimed the lives of more than 13,200 people and displaced over 100,000. During this decade-long civil war, serious human rights violations were carried out both by state security forces and Maoist rebels. Among the many crimes committed, more than 1,300 people were subject to enforced disappearance. Since then, perpetrators of such crimes have enjoyed an overall climate on impunity. On their side, Nepalese authorities turn a blind eye on these severe violations and too often dismiss the claims of victims.

Since 2009, TRIAL works on Nepal to help victims of serious human rights violations obtain justice and reparation. To this day, the NGO has offered legal assistance to more than 100 victims in Nepal and submitted 14 cases to the UN.

 

  • Gyanendra Tripathi
  • Jit Man Basnet

Supported by TRIAL, several families of missing persons from Vogošća have just obtained justice before the UN. The Human Rights Committee now requests Bosnia and Herzegovina (BiH) to establish the fate and whereabouts of 13 missing persons, to bring to justice those responsible for the crimes, and to provide adequate compensation to the victims. TRIAL welcomes the UN decision and specifically calls on BiH to establish proper tools for providing adequate compensation to the families.

Thirteen cases won before the UN on behalf of families of disappeared

Four years ago, TRIAL filed complaints against BiH before the HRC on behalf of the families of 13 BiH citizens who went missing in 1992 after they had been detained and subjected to torture and enforced disappearance. The Human Rights Committee (HRC) has now declared BiH responsible for not having effectively investigated the arbitrary deprivations of liberty, ill treatments and enforced disappearances. The HRC now requests Bosnia and Herzegovina to:

·       establish the fate and whereabouts of the 13 missing persons,

·       bring to justice those responsible for the crimes,

·       ensure that the 27 relatives receive adequate compensation

·    amend the existing legal framework to make sure that compensation for relatives is not conditioned with obtaining a death certificate.

The 27 family members of the disappeared welcome these important UN decisions that put and end to a 20-year long quest for justice before domestic courts.

Bosnia and Herzegovina must do more to provide compensation to the victims

TRIAL nevertheless calls on the State to create and implement an efficient mechanism to provide adequate compensation to the victims, in accordance to its international obligations.

“The HRC’s decisions adopted following individual complaints from Bosnian citizens are a relatively new phenomenon. The first decisions of the Committee on Bosnia and Herzegovina have been rendered in 2013 only, and now 18 such condemnations of Bosnia and Herzegovina have already been made”, recalls Lejla Mamut, TRIAL’s Human Rights Coordinator in BiH. “Considering the large number of UN decisions that are still expected, especially regarding families of the missing persons, it is of the utmost priority that the State create and implement new tools and guidelines on how to ensure a full compliance with UN standards”, adds Lejla Mamut.

The victims of enforced disappearance

The cases concern the enforced disappearances of 13 nationals of BiH in the course of months May to June 1992 in the area of Sarajevo. Even though the 27 relatives of the missing persons reported the disappearances and called for justice and truth about their fates and whereabouts, two decades later, the relatives have no information about their missing family-members. Having exhausted all possibilities on the domestic level, the relatives turned to TRIAL to bring their cases before the UN.

The decisions

On 4 September, the HRC issued a decision on the Ibrahim Duric’s case. The HRC found BiH internationally responsible for the violation of several provisions of the International Covenant on Civil and Political Rights. The Committee noted that: “State party has not provided information to the applicants as to the status of the investigation of Ibrahim Duric’s disappearance, or as to the specific measures undertaken to investigate his disappearance and bring to justice those responsible“. Furthermore, the HRC reiterated that forcing relatives of disappeared persons to declare their family members dead in order to receive compensation constitutes a form of inhumane and degrading treatment.

On the same date, the HRC also issued a decision on the Selimovic and others case. The Committee declared that the State is responsible for not having effectively investigated the arbitrary deprivation of liberty, ill-treatment and enforced disappearance of the 12 men, and also for having subjected the 25 applicants to inhumane and degrading treatment because it has not unveiled the truth about the fate and whereabouts of their loved ones.

Context

30,000 people have been victims of enforced disappearance during the war in BiH from 1992 to 1995. According to the International Commission for Missing Persons and the International Committee of the Red Cross the fate of more than 8,000 victims remains unknown to date. Although it is one of the measures set by the HRC in previous cases, payment of adequate compensation to families has never been dully implemented in practice.

The case

In November 2008, a joint individual communication against Libya was lodged by TRIAL and the organisation Al-Karama for Human Rights before the United Nations Human Rights Committee on behalf of Ibrahim Aboubakr Al Khazmi, acting in the name of his son, Ismail Al Khazmi.

Ismail Al Khazmi was arbitrarily arrested by officials of the State Internal Security Agency on 17 June 2006, at his workplace. He was taken away to an unknown destination. His brother was arrested the same night at the family home.

Despite various appeals by the family, the authorities (who acknowledged the detention of Mubarek, the younger brother) would neither acknowledge Ismail’s detention, nor give any other information about his fate.

Witnesses saw Ismail in Asseka prison, in Tripoli, where he was detained without being brought before a judicial officer or given the opportunity to challenge his detention. He was also denied all contact with his family or a lawyer.

Former co-prisoners reported that he was repeatedly tortured. On 29 June 2006, after having been tortured for several days, Ismail Al Khazmi was again severely beaten in his cell and suspended from the ceiling. Afterwards, he was taken away to an unknown location, unconscious but still breathing.

On 1 May 2007, Ibrahim Aboubakr Al Khazmi was informed of the death of his son. No information was given to him on the date and circumstances of this event, and his demand for an autopsy was rejected by the authorities. He then contacted a lawyer who initiated proceedings against those responsible for Ismail’s death, but the official in charge of the Ministry of Interior blocked the investigation. He finally addressed himself to the Secretary of the People’s General Committee of Justice, but to no avail.

Given the high level of political interference in the Libyan judiciary, in addition to the fact that the executive has shown to be hostile to an investigation in this particular case, it can be considered that it is not possible to obtain an effective judicial remedy regarding the grave violations inflicted to Ismail Al Khazmi. Moreover, in Libya, the justified fear of reprisal on the part of political detainees and their families renders any remedies de facto unavailable in such cases.

Ismail Al Khazmi’s father requests the Committee to recognise that Libya has violated:

  • the rights of Ismail Al Khazmi to life; to be free from torture, cruel, inhuman or degrading treatment/punishment; to liberty and security of the person; to be treated with humanity and dignity during detention; to recognition as a person before the law; and to an effective remedy (articles 6(1), 7, 9, 10(1), 16, and 2(3) of the International Covenant on Civil and Political Rights);
  • his own rights to an effective remedy and to be free from torture or ill-treatment (articles 2(3) and 7).

 

The general context

These facts come within the context of the relentless repression exerted by the regime of Colonel Gaddafi, who has ruled the country with an iron fist for well-nigh 40 years. The security forces – especially the ISA – have notoriously committed the worst abuses, on a large scale and with total impunity. Opponents of the government, real or perceived, are the main targets of such practices.Scores of citizens have been victims of arrests, carried out in all illegality, followed by extremely long detentions, with no judicial monitoring and often in solitary confinement without their family being informed.

Incommunicado detention and torture, which often leads to the death of detainees, constitute a common instrument of repression in Libya.

 

The Decision

In July 2013 the Human Rights Committee adopted its decision (called “views” in the UN jargon) on the case Al Khazmi.

The Human Rights Committee found Libya internationally responsible for the violation of several provisions of the International Covenant on Civil and Political Rights. In particular, the Human Rights Committee declared that the State is responsible for the enforced disappearance, incommunicado detention and lethal torture inflicted on Ismail Al Khazmi and for not having conducted an effective investigation into these violations, as well as for not having prosecuted and sanctioned those responsible, thus fostering impunity.

The Human Rights Committee requested Libya to:

– Conduct a thorough, prompt and impartial investigation into the disappearance and death of Ismail Al Khazmi and provide his family with detailed information on the results of its investigation;

– Handing over Ismail Al Khazmi’s remains to his brother;

– Prosecuting, trying and punishing those responsible for the violations committed; and

– Providing compensation to the applicants.

Libya must inform the Committee within 180 days about the measures taken to implement the decision.

 

The United Nations has just adopted a landmark decision condemning Libya for the enforced disappearance of Jaballa Hamed Matar and Izzat Yousef Al-Maqrif, two high-ranking political opponents of Colonel Gaddafi’s regime whose fate and whereabouts remain unknown since 1990.

If this decision doesn’t disclose the truth on the final fate of the two political leaders, it however acknowledges a relentless 24-year struggle carried out by the families of the disappeared.

Their sons, Hisham Matar and Youcif Almegaryaf, along with TRIAL, welcome this long-awaited step and urge Libya to turn the page on this dark chapter of human rights violations by undertaking all measures to shed light on the fate of their fathers and thousands other missing persons.

Libya has now 180 days to take action and inform the UN Human Rights Committee on the measures taken to implement the decision, in particular to:

  • unveil the truth on the fate of the two victims
  • prosecute and sanction those responsible for the crimes concerned
  • provide compensation to the relatives of Mr. Al-Maqrif and Mr. Matar

Geneva, London, May 19 2014 – The United Nations has adopted a landmark decision condemning Libya for the enforced disappearance of two high-ranking political opponents of Colonel Gaddafi’s regime. The complaints regarding the cases of Jaballa Hamed Matar and Izzat Yousef Al-Maqrif were filed by NGO TRIAL on behalf of the sons of the disappeared. Hisham Matar and Youcif Almegaryaf, along with TRIAL, welcome this long-awaited decision. They urge Libya to turn the page on this dark chapter of human rights violations by undertaking all measures to shed light on the fate of their fathers and thousands other missing persons, as well as ensuring that it will never happen again.

The Swiss NGO TRIAL (Track Impunity Always) filed two complaints before the United Nations Human Rights Committee (HRC) in November 2010 on behalf of Hisham Matar and Youcif Almegaryaf, sons of two high-profile opponents to Colonel Gaddafi’s regime, Izzat Yousef Al-Maqrif and Jaballa Hamed Matar.

The HRC has now released a joint decision on these cases, concluding that Libya violated several provisions of the International Covenant on Civil and Political Rights– one of the UN’s most important human rights conventions. In particular, the right to life, to personal liberty, to humane treatment and the prohibition of torture.

If this decision does not disclose the truth on the final fate of the two political leaders, it acknowledges a relentless 24-year struggle carried out by the families of the disappeared.

Libya has 180 days to take action and inform the UN on the measures taken to implement the decision. The victims’ families will closely follow-up the process.

“This is the first time that an international body has confirmed what we have been saying for the past twenty-four years: namely, that the Qaddafi regime was responsible for the abduction, imprisonment and disappearance of my father, Jaballa Hamed Matar. My family welcomes the HRC decision and is tremendously grateful to the hard work, professionalism, and perseverance of TRIAL. It is now imperative for the new Libyan authorities to conduct a thorough investigation on the whereabouts of Jaballa Hamed Matar and Izzat Yousef Al-Maqrif”, said Hisham Matar.

“Since the 2011 revolution, Libyan authorities have expressed their intent to cooperate with UN human rights mechanisms, but we, victims of human rights violations, need more than words. Libya must comply with its international law obligations and take measures to ensure these violations never recur”, said Youcif Almegaryaf.

TRIAL calls on Libya to swiftly implement the Committee’s decision.

“Libya must with no further delay unveil the truth on the fate of the two victims, prosecute and sanction those responsible for the crimes concerned, and provide compensation to the relatives of Mr. Al-Maqrif and Mr. Matar”, said Philip Grant, Director of the organization.

Background information

Jaballa Hamed Matar and Izzat Yousef Al-Maqrif

The enforced disappearances of Jaballa Hamed Matar and Izzat Yousef Al-Maqrif, two high-ranking members of an opposition party operating abroad, took place in the context of the repression implemented by the Libyan government against members of those groups.

Both men had been living in exile in Egypt since the mid 1980’s when they were arrested by Egyptian security forces in March 1990 and handed over to Libyan officials, before being exfiltrated to Libya.

Neither Jaballa Hamed Matar nor Izzat Yousef Al-Maqrif were ever taken before a judge nor charges were brought against them. They have never since been seen again by their family.

Despite all evidence, Libya has constantly denied having arrested and secretly imprisoned Jaballa Hamed Matar and Izzat Yousef Al-Maqrif. However the two opposition figures have managed to clandestinely smuggle out letters from Abu Salim prison to their families until 1995.

Until the recent HRC decision, no full investigation has taken place and Libya still has not acknowledged its involvement in these enforced disappearances. Without any possibility to obtain information about their whereabouts and to legally challenge the Libyan State, Hisham Matar and Youcif Almegaryaf turned to TRIAL in 2010.

In April 2014, TRIAL has submitted a complaint to the United Nations Human Rights Committee (HRC) on behalf of a victim of arbitrary arrest, torture and enforced disappearance in Nepal.

 

Arbitrarily arrested, disappeared and tortured

Amrit Kandel, a Nepalese citizen, was arbitrarily arrested in Kathmandu on 10th October 2003 during the armed conflict that ravaged the country in the years 1996-2006. He is one of the 1,300 alleged victims of enforced disappearance reported by the Office of the High Commissioner for Human Rights (OHCHR).

After being arrested by soldiers, he was conducted to the sadly notorious Maharajgunj barracks run by the Bhairabnath Battalion of the Royal Nepalese Army, where hundreds of individuals were submitted to severe ill treatment and torture according to a report of the OHCHR.

His detention conditions were inhumane. Until now, nobody knows about Amrit Kandel fate and whereabouts.

The struggle to obtain justice

For a decade, Amrit Kandel’s family has undertaken all possible actions to find him. From meeting with public authorities to filing complaints with the National Human Rights Commission and the Supreme Court of Nepal, they have used all means at their disposal, but the fate and whereabouts of Amrit Kandel remain unknown. The absence of investigation from the authorities led the family to lose hope in the Nepalese legal system.

In 2012 TRIAL started to work on this case. The NGO has submitted in April 2014 a complaint to the UN Human Rights Committee, on behalf of Amrit Kandel’s family. TRIAL requests the Committee to acknowledge the many human rights violations suffered by Amrit Kandel, to investigate the case and prosecute the perpetrators, and to ensure adequate reparative measures are taken as well as guarantees of non-repetition of such crimes.

For Amrit Kandel’s family, this complaint to the UN is its only chance to obtain truth, justice and redress. The case is currently pending before the Human Rights Committee.

The French police have arrested Bosnian Serb citizen Radomir Šušnjar, a former member of a paramilitary group in Bosnia, wanted for war crimes. TRIAL led an investigation on this case since 2012, located the suspect and informed the French and Bosnian authorities. The arrest was carried out on April 4 at the request of Bosnia and Herzegovina’s authorities.

War crimes comitted in Višegrad

The Bosnian Prosecutor’s Office stated that Šušnjar is suspected of taking part in the June 1992 killing of 59 Bosniak civilians in Pionirskastreet in the eastern town of Višegrad. Victims -mostly children, women and elderly- were locked into a house, which was then set on fire. Those who attempted to flee were shot at.

The killings in Višegrad were carried out by Serb forces on the local Bosniak population during the war. The Hague Tribunal already sentenced several Bosnian Serbs to decades in prison for the Višegrad killing spree. Among them, the paramilitary group leader Milan Lukić,has been sentenced to life imprisonment in 2009 for the commission of crimes against humanity.

A step forward for justice

Šušnjar was one of the very last one alleged author of these crimes not been brought to justice yet. His arrest is an important victory for the victims from Visegrad.

In a public statement, the prosecutor’s office said that “Šušnjar’s arrest is a clear message to all war crimes suspects that the Bosnian prosecutor’s office and police agencies will find and prosecute suspects wherever they hide, all in the interest of the rule of law, peace and reconciliation in Bosnia and Herzegovina“.

According to TRIAL, this significant news confirms a widespread Bosnian saying that justice is slow, but reachable: “This arrest recalls that perpetrators of the most serious war crimes who still enjoy impunity outside of Bosnia and Herzegovina won’t escape justice, be it through their arrest and extradition to BiH, or their prosecution under universal jurisdiction.“, said Adrijana Hanušić, TRIAL legal advisor in BiH.

Šušnjar should “soon” be extradited to Bosnia to stand trial. He could face charges of crimes against humanity and a minimum sentence of 10 years in prison.

Context

More than 100,000 people were killed during the Bosnian war, which also turned half of the country’s population of 4.3 million into refugees.

TRIAL has been working along with victims of war crimes in BiH since 2008, by providing them with legal assistance both at the local and international level. To date, TRIAL represented more than 230 victims by filing over 80 proceedings before international bodies (European Court of Human Rights and the UN Human Rights Committee) and national bodies and contributed to the submission of 50 cases to the Constitutional Court of Bosnia and Herzegovina.

In March 2014, the UN Human Rights Committee (HRC) reviewed Nepal’s compliance with its obligations under the International Covenant on Civil and Political Rights.

In this perspective, TRIAL and its partners submitted an “alternative report” to the HRC to assist a Country Task Force on Nepal ahead of its adoption of a List of Issues concerning Nepal in July 2013 at its 108th session.

The report focuses on impunity for serious human rights violations during the period of conflict in Nepal as well as ongoing violations in the post-conflict period, and the obstacles faced by victims in accessing justice, truth and reparation. It documents the overall failure of Nepal to protect and ensure the right to life (Art. 6), the prohibition of torture (Art. 7), the right to liberty and security of person (Art. 9), the right of detainees to be treated with humanity and dignity (Art. 10), the right to recognition as a person before the law (Art. 16), the rights of the child (Art. 24) and the right to an effective remedy (Art. 2.3).

On 28 March 2014, the HRC adopted its Concluding Observations on Nepal (CCPR/C/NPL/CO/2) containing a number of recommendations. The HRC requested Nepal to provide, within one year (i.e., on 28 March 2015), relevant information on the implementation of the recommendations made in paragraphs 5, 7 and 10. On March 2015, TRIAL and its partners submitted a report with updated information on the implementation of these recommendations. An executive summary is available here.

Introduction

TRIAL lodged an individual complaint before the United Nations Human Rights Committee on behalf of Mrs.Rabiha Mihoubi in March 2009. She acts in the name of her son, Nour-Eddine Mihoubi, who was kidnapped January 27, 1993 in Bou Saâda and has been missing since. He disappeared during a widespread campaign of forced disappearances in Algeria between 1992 and 1998.

During the afternoon of January 27, 1993, Nour-Eddine Mihoubi was with his brother, Hocine Mihoubi, at his home when they were arbitrarily arrested by members of the Algerian police. Hocine was released the next day but Nour-Eddine remained in custody. His family never saw him again.

Despite Rahiba Mihoubi’s repeated pleas for information and the fact that the assistant prosecutor of Bou Saâda explicitly recognised that the local police force had arrested Nour-Eddine, the Algerian authorities have refused to provide any information on him.

Testimony from former cellmates enabled the Mihoubi family to piece together part of their son’s fate.  It seems that Nour-Eddine was detained at the Bou Saâda jail for eleven days before being transferred to a jail in Alger and then to the infamous Châteauneuf detention centre. According to these witnesses, Nour-Eddine was often abused while at Châteauneuf and this torture led to severe health problems.

In her complaint before the UN Human Rights Committee, Mrs. Rahiba Mihoubirequests that her son be recognized as a victims of forced disappearance and that Algeria be found in violation of the rights to life; not to be subjected to torture or cruel, inhuman or degrading treatment; to liberty and security of the person; to be treated with humanity and dignity while in detention; to recognition as a person before the law and to an effective remedy when such rights are violated (articles 6 § 1, 7, 9 §§ 1, 2, 3 et 4, 10 § 1, 16, and 2 § 3 of the International Covenant on Civil and Political Rights) in regards to its treatment of Nour-Eddine Mihoubi.

Furthermore, the Committee is asked to recognize the Algerian authorities’ actions towards Rahiba Mihoubi and her family as violations of the rights to be free from cruel, inhuman or degrading treatment and to an effective remedy when such rights are violated (articles 7 and 2 § 3 of the Covenant) considering the psychological pain and suffering endured by the author and her family during the years of uncertainty since the arrest of her husband and son.

The author also asks that an investigation be initiated into the alleged violations and that the responsible parties be brought to justice.

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

 

The Decision

In October 2013, the Human Rights Committee communicated its decision (in French only), called “views” by the UN.

The Committee held that Algeria violated Articles 6, 7, 9, 10 and 16 of the International Covenant on Civil and Political Rights, taken alone and in conjunction with Article 2§3 of the Covenant, with regards to Mr. Nour-Eddine Mihoubi. 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 family.

The Committee requested Algeria to conduct a deep and rigorous investigation into the disappearance of Mr. Nour-Eddine Mihoubi, to provide his family with detailed information concerning the results of its investigation, to free him 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 sanction those responsible for the violations committed. Algeria was also required to pay an adequate compensation to the family of the victim for the violations endured and, if still alive, to the victim himself.

Algeria is also required to ensure the effectiveness of its judicial system, in particular regarding the victims of torture, extrajudicial executions and enforced disappearances, and take action in order to avoid the repetition of such violations.

 

General Context

These events occurred during the Algerian civil war during which thousands of civilians were kidnapped.  It is reported that between 7,000 and 20,000 people were disappeared by the Algerian police forces between 1992 and 1998. Secret detentions during long periods were a common instrument of repression in Algeria during this time.  The use of torture was also very prevalent and often led to deaths of detainees.  The members of the police forces acted with complete impunity.  Since the implementation of the Charter for National Peace and Reconciliation in 2006, these forces have officially received amnesty for acts committed during the civil war.  It is now illegal to bring a complaint for crimes or exactions like the ones Nour-Eddine Mihoubi suffered.

Extended and incommunicado detentions were a common tool of repression in Algeria during the civil war. The use of torture was also widespread and often led to the deaths of prisoners in custody. In this context, it is clear that Algerian authorities violated the fundamental human rights of the Mihoubi family.

 

Introduction

In October 2008, TRIAL submitted an individual communication to the United Nations Human Rights Committee on behalf of Djelloul Larbi, acting in the name of his father, Djillali Larbi. The latter was arrested by the Algerian police on 25 May 1994. He was subsequently detained for three weeks in different local police stations, and was transferred to an unknown location on 13 June 1994. His family has not heard from him ever since. This case is to be put in the broader context of the disappearance of thousands of Algerian citizens at the hands of the army and the various security forces in the country between 1992 and 1998.

On 25 May 1994, as Djillali Larbi was on his way by taxi to Mechraa Sfa with his employee, Larbi Mraimi, to buy spare parts for his harvesting machine, he was arrested at a police roadblock that was installed at the entrance to the village.

Following his arrest, he was detained for five days at the Mechraa Sfa police station, where he was subject to torture, the marks of which were evidenced by his relatives during a visit, and was then transferred to the nearby police station of Mellakou.

On 8 June, he was driven to the Tiaret tribunal, but brought back to the police station on the same day, without having a hearing before the State Prosecutor, who merely ordered the policemen to « take him back ».

He remained in detention in Mellakou for five more days, until 13 June. During a visit by his son to the police station on the morning of 14 June, he was told that his father had been « transferred », but received no information on the new place of detention. Djillali Larbi’s relatives have heard nothing concerning his fate ever since.

From the day of his disappearance, they have relentlessly undertaken initiatives to find him. They have searched for him in all the police stations, barracks and military prisons in the region; they have written a complaint letter to the State Prosecutor of Tiaret, to whom they also paid several visits. They have contacted the Algerian League for the Defence of Human Rights, the local section and secretariat of Amnesty International, the Human Rights Observatory. They have contacted the Head of Security and the Wali of the Tiaret wilaya, the President of the National Advisory Commission for the Protection and Promotion of Human Rights and the President of the Republic. Despite all these efforts, Djillali Larbi’s family have not received any information whatsoever about the fate of their relative.

Moreover, the Larbi family is now faced with a legal prohibition to resort to any judicial measure after the promulgation in February 2006 of the Order 6/10 enforcing the Charter for Peace and National Reconciliation, and risks a prison sentence if it were to do so. In addition, any Algerian jurisdiction is duty-bound to dismiss any such case.

The author of the communication, Djelloul Larbi, son of the victim, requests the Human Rights Committee to take provisional measures demanding that the State party releases his father, if he is still detained.

The Committee is also requested to recognize Djillali Larbi as a victim of enforced disappearance, a crime that infringed his most fundamental rights, as guaranteed by theInternational Covenant on Civil and Political Rights (the Covenant). The author of the communication asks the Committee to recognize a violation of articles 2§3, 6§1, 7, 9 §§ 1, 2, 3 and 4, 10 § 1 and 16 of the Covenant in respect of Djillali Larbi, and of articles 2 § 3 and 7 in respect of Djelloul Larbi himself, for the mental suffering he went through during so many years of incertitude about the fate of his father.

The proceeding is now pending before the United Nations Human Rights Committee.

 

The Decision

In August 2013, the Human Rights Committee communicated its decision (in French only), called “views” by the UN.

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

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 family.

The Committee requested Algeria to conduct a deep and rigorous investigation into the disappearance of Djillali Larbi, to furnish his family with detailed information concerning the results of its investigation, to free him 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 sanction those responsible for the violations committed. Algeria was also required to pay an adequate compensation to the family of the victim for the violations endured.

 

General Context

7,000 to 20,000 persons, according to different sources, have been arrested or abducted by the various corps of the Algerian security forces, as well as by the government-armed militia between 1992 and 1998, and have been missing ever since.

Up to now, not one of the victims’ families has received any information about the fate of their relatives. Nor has any investigation has been initiated following the complaints and proceedings they tried to initiate, and although those who ordered or perpetrated these  crimes are well known, no one has ever been called to account or far less prosecuted.

 

Five Algerian victims of enforced disappearances have recently obtained justice before the UN as a result of TRIAL’s ongoing efforts. This brings the number of condemnations against Algeria by the UN Human Rights Committee (HRC) to about twenty but, so far, Algeria has taken no steps to implement these decisions. TRIAL calls on Algerian authorities to do everything possible to shed light on the fate of nearly 10,000 missing persons and punish the perpetrators of these crimes.

Five men, Djillali Larbi, Mohammed Lemmiz, Benattia Zerrougui, Nour-Eddine Mihoubi and Farid Faraoun disappeared during the Algerian civil war, at a time when thousands of persons were forcibly disappeared by the Algerian army, other State agents and armed groups.

The UN Human Rights Committee (HRC) recently published its decisions finding Algeria responsible for the enforced disappearance of its five nationals. TRIAL welcomes these decisions. The NGO has, to this day, filed twelve out of the about twenty cases which resulted in condemnations of Algeria by the HRC and recalls that seven other cases concerning Algeria are still pending.

“Since 2007, Algeria has been regularly condemned by the UN for the widespread human rights violations committed on its territory. It is high time for the Algerian government to uphold its international obligations and make every effort possible to shed light on the fate of thousands of its citizens still reported missing and punish those responsible for these atrocities” says Philip Grant, director of TRIAL.

The HRC decisions affirm that the enforced disappearances of Djillali Larbi, Mohammed Lemmiz, Benattia Zerrougui, Nour-Eddine Mihoubi and Farid Faraoun constitute a grave violation by Algeria of multiple rights enshrined in the International Covenant on Civil and Political Rights (ICCPR), and in particular:

  • the right to life
  • the right to freedom
  • the right not to be subjected to torture and other ill-treatment

The HRC requires Algeria to:

  • conduct thorough and effective investigation on those enforced disappearances
  • release the persons under consideration or, in case of death, return the remains to the families
  • prosecute, judge and punish those responsible
  • provide adequate compensation to the victims’ families.

Algeria must also guarantee the effectiveness of its domestic legal system with regard to the victims of torture, extrajudicial executions and enforced disappearances, and take measures to prevent such violations from recurring.

The victims:

Djillali Larbi was arrested by the Algerian police on 25 May 1994 and was detained for three weeks before being transferred to an unknown location on 13 June 1994. His family has not heard from him since then. In October 2008, TRIAL submitted an individual complaint to the HRC on behalf of the victim’s father.

In August 2013, the HRC issued its decision concluding that Djillali Larbi’s disappearance constituted a violation by Algeria of several Articles of the ICCPR. See the décision (in French only).

Mohammed Lemmiz was kidnapped at dawn on 30 April 1996 by members of the Algerian army. To this day, he is still missing. In July 2008, TRIAL submitted an individual complaint to the HRC on behalf of the mother of the victim.

In August 2013, the HRC issued its decision concluding that Mohammed Lemmiz’s disappearance constituted a violation by Algeria of several Articles of the ICCPR. See the decision (in French only).

Benattia Zerrougui was arrested on the first of June 1995 around noon at Tiaret. He has been missing since then. In June 2008, TRIAL submitted an individual complaint to the HRC on behalf of the victim’s brother.

In August 2013, the HRC issued its decision concluding that Benattia Zerrougui’s disappearance constituted a violation by Algeria of several Articles of the ICCPR. See the decision (in French only).

Nour-Eddine Mihoubi was arrested during the afternoon of 27 January 1993 by members of the Algerian police. Since then, his family has never seen him again. In March 2009, TRIAL submitted an individual communication before the HRC on behalf of the victim’s mother.

In October 2013, the HRC issued its decision concluding that Nour-Eddine Mihoubi’s disappearance constituted a violation by Algeria of several Articles of the ICCPR. See the decision (in French only).

Farid Faraoun was arrested on 11 February 1997 around noon by security agents from the wilaya of Sidi-Bel-Abbes. He has not been seen since then. In May 2009, TRIAL submitted an individual communication against Algeria to the HRC on behalf of his wife, daughter and mother.

 

In October 2013, the HRC issued its decision concluding that Farid Faraoun’s disappearance constituted a violation by Algeria of several Articles of the ICCPR. See the decision (in French only).

Enforced disappearances: Bosnia and Herzegovina must implement the UN Human Rights Committee’s Views in Case Prutina et al. vs. BiH says TRIAL.

Fikret Prutina, Huso and Nedžad Zlatarac, Safet Kozica, and Salih Čekić, were subjected to enforced disappearance in June 1992. Their fate and whereabouts remain unknown to date, while not all those responsible for the crimes concerned have been prosecuted and sanctioned.

The HRC delivered its views on this case 28 March 2013, finding several violations of the International Covenant on Civil and Political Rights. The Committee affirmed that BiH is under an obligation to consider the twelve relatives of the missing persons by:

• providing remedy, establishing the fate and whereabouts of the five missing men;

• continuing bringing to justice those responsible for their disappearance by the end of 2015;

• abolishing the obligation for family members to declare their missing relatives dead to benefit from social allowances;

• paying an adequate compensation.

“The prompt implementation of the recommendations on the Prutina, Zlatarac, Kozica and Čekić cases is tantamount to restoring citizens’ trust towards authorities and ensuring truth, justice and redress to people who have been struggling for them over the past twenty years” said Adrijana Hanusić, TRIAL Legal Advisor in BiH.

 

On 27 November 2013 TRIAL reported to the HRC on these cases, on behalf of the relatives of the five missing men, noting that there has been little progress on the case since then:

• A trial against one alleged perpetrator of the crimes is ongoing before the Court of BiH

• The amendment of the federal legislation concerning the obligation for family members to declare their missing relatives dead to benefit from social allowances is under consideration,

But the fate and whereabouts of the five men remain unknown and none of the relatives of the disappeared persons has obtained adequate compensation for the harm suffered.

“We will continue monitoring the enforcement phase and we will report to the HRC in six months, so that it remains seized of the matter until BiH implements its international obligations“, added Adrijana Hanusić.

Sarajevo/Geneva, 14 October 2011

TRIAL (Swiss Association against Impunity), seven associations of relatives of missing persons, seven associations dealing with women victims of sexual violence during the war and four associations dealing with former concentration-camp detainees submit a follow-up report to the United Nations Committee against Torture (CAT).

In October 2011 TRIAL, seven associations of relatives of missing persons(1), seven associations working on the subject of women victims of rape or other forms of sexual violence during the war(2) and four associations or federations of associations of former concentration camp-detainees(3) have submitted a follow-up report to the CAT to highlight the absence of any significant progress with regard to the fulfilment of the international obligations of Bosnia and Herzegovina (BiH). In fact, in November 2010, after having examined BiH’s periodic report, the CAT issued a number of conclusions and recommendations related to the obligations of BiH pursuant to the Convention against Torture. On that occasion the CAT requested BiH to submit follow-up information within one year with regard to the implementation of some of the recommendations contained in its concluding observations.

In particular, BiH failed to modify its criminal legislation with regard to crimes of sexual violence committed during the war and to bring it into accordance with international law; to solve the systemic problem of non-implementation of decisions and rulings issued by the Constitutional Court of BiH; to establish the Fund for Support for the Families of Missing Persons; and to guarantee adequate compensation and integral reparation for the harm suffered to relatives of missing persons, former camp-detainees and women victims of rape or other forms of sexual violence during the war.

“Relatives of missing people, victims of war-time rape and former camp detainees feel discouraged by the lack of implementation of the recommendations formulated by the CAT one year ago” said Ms. Lejla Mamut, the Human Rights Coordinator of TRIAL in Sarajevo. “All the more so, because authorities have not fulfilled their rights over the past 20 years: some of these people are dying and they have not seen justice done, nor have they obtained adequate compensation for the harm suffered or learned the truth about the fate or whereabouts of their loved ones”.

Although some actions have been undertaken on the recommendations formulated by the CAT with regard, for instance, to the investigation, judgment and sanction of crimes committed during the war, the pace of this process is far from satisfactory and the National Strategy for War Crimes is not being implemented in an effective manner.

Ms. Selma Korjenić, TRIAL’s Human Rights Officer in charge of sexual violence for BiH stressed that women victims of sexual violence during the war continue to experience serious troubles in realizing their rights. She highlights that “in some cases, associations dealing with this category of victims have been subjected to instances of harassment, threats or attacks that have been reported to competent authorities. However, to date those responsible for the crimes concerned have not been duly judged and sanctioned”.

In its concluding observations of November 2010, the CAT also recommended that BiH takes a number of measures with regard to the adoption of the law on the rights of victims of torture and civil victims of war; to the functioning of the Missing Persons Institute (MPI); to the completion of the Central Record of the Missing Persons (CEN); to the establishment of a mechanism to keep families of missing persons informed on the progress made in the process of exhumation and identification of mortal remains and to provide them psycho-social assistance during the process; and to the ratification of the International Convention for the Protection of All Persons from Enforced Disappearance.

With minor exceptions, none of the measures recommended in 2010 by the CAT has been fully implemented to date, leaving relatives of missing persons, former camp-detainees and women victims of rape during the war to bear the brunt of violations that have been ongoing over the past 19 years. “This situation is causing a climate of deep distrust among victims of gross human rights violations from the war and their relatives towards Bosnian institutions and, given that not even the recommendations of international mechanisms are proving to be effective, there is a general feeling of powerlessness and frustration. BiH remains in breach of its international obligations” concluded Ms. Aleksandra Nedzi, TRIAL’s legal consultant in Sarajevo. “However”, she added, “TRIAL will continue monitoring this process and reporting to international mechanisms until this impasse is eventually overcome and the rights to truth, to justice and to reparation are fully guaranteed”.

Overall Context

It is estimated that around 100,000 persons died as a consequence of the conflict in BiH during the period 1992-1995 and that between 25,000 and 30,000 were victims of enforced disappearance. As of today, between 10,000 and 13,000 people are still missing. During the war the use of rape or other forms of sexual violence was widespread (rates of victims of sexual violence vary from 20,000 to 50,000). It is also known that during the war clandestine detention facilities were set up. At present, 652 places of detention have been registered. The total number of people who were held in the mentioned concentration camps has not been determined with certainty.

In October 2010 TRIAL, together with 11 local associations of relatives of missing persons and organizations dealing with women victims of rape or other forms of sexual violence submitted an alternative report to the CAT. Many of the recommendations contained in that 80-page report were reproduced in the concluding observations issued in November 2010 by the CAT. TRIAL has also filed 40 individual complaints before the European Court of Human Rights or the UN Human Rights Committee on behalf of relatives of missing persons. In May 2011, TRIAL and 12 associations dealing with the subject of victims of rape or other forms of sexual violence during the war submitted a general allegation to the United Nations Special Rapporteur on Violence against Women, its Causes and Consequences to highlight the ongoing violations suffered by this category of people. TRIAL will continue to resort to international mechanisms for the protection of human rights in order to turn the attention to the situation of families of missing persons, victims of sexual violence, as well as former camp-detainees in BiH and to put pressure on the government to work harder for the improvement of the current position of these groups of victims.

For further information
  • On the individual complaints filed by TRIAL before the European Court of Human Rights or the UN Human Rights Committee, see here.
  • See also TRIAL’s website in the local language: trialinternational.org/BiH

[1] Association of Families of Killed and Missing Defenders of the Homeland War from Bugojno Municipality; Association of Relatives of Missing Persons from Hadžići Municipality; Association of Relatives of Missing Persons from Ilijaš Municipality; Association of Relatives of Missing Persons from Kalinovik (Istina-Kalinovik 92), Association of Relatives of Missing Persons of the Sarajevo-Romanija Region; Association of Relatives of Missing Persons of the Vogošća Municipality; and Association of Women from Prijedor – Izvor.

[2] Association of Women-Victims of War; the Centre for Legal Assistance to Women Zenica; Infoteka Women’s Information and Documentation Centre; Sumejja Gerc; Viktorija 99; Vive Žene Tuzla; and the Women’s Section of the Concentration Camp Torture Survivors Canton Sarajevo.

[3] Association of the Concentration Camp-Detainees – Bosnia and Herzegovina; Association of the Concentration Camp-Detainees of the Republika Srpska; Croatian Association of War Prisoners of the Homeland War in Canton of Central Bosnia; and Prijedor 92.

Libya is found responsible for the enforced disappearance, torture and death of Ismail Al Khazmi. The NGOs TRIAL (Track Impunity Always) and Alkarama welcome the UN Human Rights Committee decision and urge Libyan authorities to shed light on this and thousands of other cases of gross human rights violations.

TRIAL and Alkarama submitted four cases concerning violations committed by Libya to the UN Human Rights Committee (HRC) since 2008. Two other cases brought by TRIAL against Libya are still pending before the Committee. Al Khazmi’s case represents the thirteenth condemnation of Libya by the UN relating to cases of enforced disappearance and torture to date.

The HRC recently determined that Ismail Al Khazmi’s detention, enforced disappearance, torture and death constitute violations of his rights enshrined in theInternational Covenant on Civil and Political Rights:

  • to life
  • to liberty
  • not to be subjected to torture
  • to be recognized as a person before the law

Al Khazmi’s case is one of thousands involving political dissidents from the Gaddafi era. We welcome this decision but urge Libyan authorities to break the cycle of impunity and swiftly implement the UN’s decision – Philip Grant, TRIAL Director

Libya is now under the obligation to:

  • conduct an investigation into the disappearance and death of Ismail Al Khazmi
  • provide his family with information on the results of the investigation
  • hand over Ismail Al Khazmi’s mortal remains to his family
  • prosecute and punish those responsible
  • provide compensation to his relatives
  • take steps to prevent similar violations in the future

“Since the 2011 revolution, Libyan authorities have expressed their intent to cooperate with UN human rights mechanisms, but victims of human rights violations need more than words. Libya must comply to this, and the 12 other decisions issued by the Human Rights Committee, with timely and practical measures to repair the harm committed“, said Rachid Mesli, Alkarama Legal Director.

For more information

Read the summary of the case on TRIAL’s website

Background information

Al Khazmi, an oil engineer viewed as a political opponent by the Gaddafi regime, was working in a petrol field in Libya. On 17 June 2006, he was arrested by members of the Libyan internal security forces without a warrant or any reasons given for his arrest. The authorities refused to acknowledge his arrest or provide any information about him to his relatives. Witnesses however declared seeing Al Khazmi at the Asseka prison in Tripoli and former co-prisoners testified upon their release that he had repeatedly been tortured. He was seen there for the last time unconscious, and taken to an unknown place. Almost a year later, his father was informed of his son’s death. No details were provided about the circumstances of his death and the officers refused to conduct an autopsy. Despite requests to the Ministry of Interior and the Ministry of Justice, no investigations were initiated to find the causes of his death or to identify those responsible. The government of Libya also ignored the UN Human Rights Committee’s repeated requests between 2008 and 2011 to submit its observations on the case.