Judicial Body: UN Human Rights Committee (CCPR)

Khaoukha Marouf v. Algeria at the United Nations Human Rights Committee

At the end of January 2009, the Advocacy Center – TRIAL (ACT) submitted an individual communication to the United Nations Human Rights Committee in the name of Khaoukha Marouf on behalf of her husband and her son, Abdelkrim Azizi and Abdessamad Azizi.

This is the eleventh application submitted against Algeria by ACT.

On the night of September 22, 1994, uniformed Algerian police officers invaded Khaoukha Marouf’s house. Once inside, they isolated her husband, Abdelkrim Azizi, in the family’s washroom and tortured him in plain sight of his wife and children. Afterwards, they took Abdelkrim and one of his sons, Abdessamad Azizi, with them. Furthermore, they brutally questioned two of the Azizi daughters, ransacked the house and pillaged the family’s store.

Despite Khaoukha Marouf’s numerous attempts to gain information regarding the fate of Abdelkrim and Abdessamad, none has been forthcoming from the authorities. It has been more than fourteen years since Mrs Marouf and her family have lost contact with Abdelkrim and Abdessamad.

The Human Rights Committee is asked to declare that Algeria violated fundamental human rights of Abdelkrim Azizi and Abdessamad Azizi as well as those of Khaoukha Marouf and her family and that they ought to be compensated for such breaches. The victims also ask that an investigation be undertaken into these alleged violations and that efforts be deployed to bring those responsible to justice.

For more information, click here.

The case of Djillali Larbi submitted to the United Nations Human Rights Committee.

 The Advocacy Center – TRIAL (ACT), representing Djillali Larbi’s son, lodged an individual complaint against Algeria before the United Nations Human Rights Committee in October 2008.

It is the tenth individual communication brought by the ACT against Algeria.

Djillali Larbi disappeared on 14 June 1994, three weeks after being arrested by the Algerian police in the village of Mechraa Sfa. After being detained in different nearby police stations, he was transferred to an unknown place, and his family has heard nothing concerning his fate ever since.

All the initiatives taken by Djillali Larbi’s relatives were to no avail, and the Algerian authorities did not undertake any investigation into his whereabouts. Moreover, his family is today legally deprived of its right of access to justice, as complaints for forced disappearances against members of Algerian security forces are prohibited.

The ACT requests the Human Rights Committee to demand the liberation of Djillali Larbi, to declare that Algeria violated the fundamental rights of both Djillali Larbi and his son, and that, as a result, redress should be granted.

For more information on this case, see here.

The case of Djamel and Mourad Chihoub submitted to the United Nations Human Rights Committee.

The Advocay Center – TRIAL (ACT), representing Djamel and Mourad Chihoub’s parents, lodged an individual complaint against Algeria before the United Nations Human Rights Committee in August 2008.

It is the nineth individual communication brought by the ACT against Algeria.

Djamel and Mourad Chihoub disappeared after having been arrested by members of the Algerian army on 16 May 1996 and 13 November 1996 respectively. Their family, despite tireless efforts, never obtained from the national authorities any information regarding their fate or whereabouts.

The ACT requests the Human Rights Committee to declare that Algeria violated the fundamental rights of both Chihoub brothers as well as their parent’s, and that, as a result, redress should be granted.

For more information on this case see here.

The Advocacy Center – TRIAL (ACT) has submitted an individual communication to the UN Human Rights Committee against Algeria. The case relates to the enforced disappearance of Mr Mohamed LEMMIZ

The Advocacy Center – TRIAL (ACT), representing Mohamed Lemmiz’s mother, lodged an individual complaint against Algeria before the United Nations Human Rights Committee in July 2008.

Mr. Lemmiz disappeared after having been arrested by members of the Algerian army, on 30   April 1996. His family, despite tireless efforts, never obtained from the national authorities any information regarding his fate or whereabouts.

The ACT requests the Human Rights Committee to declare that Algeria violated the fundamental rights of Mohamed Lemmiz as well as his mother’s, and that, as a result, redress should be granted.

For more information on this case see here.

The Advocacy Center – TRIAL (ACT) has submitted an individual communication to the UN Human Rights Committee against Libya. The case relates to multiple and grave violations of the rights of Mr Abdussalam Il Khwildy.

The Advocay Center – TRIAL (ACT) and the organisation Al-Karama for Human Rights, representing Mr Il Khwildy’s brother, lodged an individual complaint against Libya before the United Nations Human Rights Committee in July 2008.

Mr Abdussalam Il Khwildy, was arbitrarily arrested by Libyan internal security agents in April 1998, suspected of aiding the author to escape from Libya in 1996, and kept in detention for over five years. He was kept in incommunicado detention and subjected to torture and ill-treatment (including being regularly viciously beaten).

After having been released in May 2003, he was arrested again by security agents on 17 October 2004. At the outcome of an unfair trial, conducted in complete disregard for the most basic judicial guarantees, he was sentenced by a special tribunal to two years’ imprisonment on 7 August 2006. During this period, his detention had continued, and he remained in prison until 17 October 2006.

Mr. Il Khwildy should have been freed on that day, but he was transferred to a different detention centre, where he was allowed to phone his father two days later; he said he expected to be released soon. He was instead retained, and his family was not informed of his situation until May 2008. The competent authorities denied holding the victim when asked by the latter’s relatives. Today, nearly two years after having served his sentence, he is still detained at the Abou Slim prison.

The Human Rights Committee has been requested to declare that Libya violated the fundamental rights of Mr Abdussalam Il Khwildy as well as his brother’s, and that, as a result, redress should be granted.

The Advocacy Center – TRIAL (ACT) has submitted a seventh individual communication against Algeria to the UN Human Rights Committee. The case relates to the enforced disappearance of Mr Benattia Zerrougui.

The Advocay Center – TRIAL (ACT), representing Benattia ZERROUGUI’s brother, lodged an individual complaint against Algeria before the United Nations Human Rights Committee in June 2008.

Mr. ZERROUGUI disappeared after having been arrested by members of the Algerian police, on 1st June 1995. His family, despite tireless efforts, never obtained from the national authorities any information regarding his fate or whereabouts.

The ACT requests the Human Rights Committee to declare that Algeria violated the fundamental rights of Benattia ZERROUGUI’ as well as his brother’s, and that, as a result, redress should be granted.

• It is the ACT’s seventh case against Algeria.
• More on the ZERROUGUI case here.

Libya : The Human Rights Committee called upon to intervene in the case of the Aboufaied brothers

Geneva, 12 April 2008 – TRIAL (Track Impunity Always) and Al Karama for Human Rights

On 7 April 2008, the NGOs TRIAL (Track Impunity Always) and ALKARAMA for Human Rights submitted a joint individual communication to the United Nations Human Rights Committee regarding Dr. Idriss Aboufaied and his brother Juma Aboufaied, both victims of grave violations of their fundamental rights by the Libyan authorities.

Mr. Idriss Aboufaied is a well-known human rights defender. He has openly called for political reform and respect for fundamental freedoms in his country. After 16 years in exile in Switzerland, where he was granted asylum, he returned to Libya, encouraged by official promises that he would not be in danger of any prosecution or persecution. In spite of this undertaking by the highest State authorities, Dr. Idriss Aboufaied was interrogated by security agents on 30 September 2006 on his arrival at the Tripoli airport and his passport was confiscated.

He was then arrested on 5 November and detained in a secret location for 54 days, during which period he was subjected to torture and ill-treatment.

Released on 29 December 2006 without having been the object of any legal proceedings, Dr. Idriss Aboufaied reaffirmed, in a published on several information websites, his determination to continue his struggle for democracy. Subsequently, he and other human rights activists, appealed for participation in a peaceful demonstration in Tripoli on 17 February 2007, which aimed at calling for the establishment of the rule of law and the respect of civil and political rights in Libya.

However, he was arrested the day before the planned demonstration, together with 11 other activists, namely: Jamal Alhaji, Fareed Azway, Almahdi Hmeed, Assadiq Hmeed, Faraj Hmeed, Adel Hmeed, Ali Hmeed, Ala Adrisi, Assadiq Gashoot, Bashir Alharis and Ahmad Alabeedi.

They have all been detained in secret locations and tortured for several months without the possibility of contacting their families or the outside world. No lawyer has been authorized to visit them.

Mr. Juma Aboufaied was in turn arrested only a few hours after his brother, probably for having telephonically informed persons abroad about his brother’s arrest.

Since this arrest took place, his family has not been able to obtain any news of him. Although after a few months the authorities acknowledged Dr. Idriss Aboufaied’s detention, they still refuse to acknowledge that of Juma, as well as that of Abdelrahman Al-Gteewi, another citizen arrested the same day in similar circumstances.

The twelve persons whose detention has been acknowledged by the authorities have appeared before the Revolutionary Security Court – a special court which hears cases against opponents of the regime. At the end of several months of closed hearings, during which the accused has not had the benefit of basic judicial guarantees, the Court should hand down his judgment on 15 April 2008. According to the law in force, the accused may face the death penalty.

These events fall within the context of the merciless repression suffered by those who dare to criticize the regime of Colonel Khadafi, who has ruled the country with an iron fist for nearly 40 years now. It is notorious that security forces –the Internal Security Agency in particular– have committed and continue to commit the worst abuses on a large scale and with total impunity. Opponents of the regime are the main target for these practices.

Heavy punishments are generally imposed on dissidents or persons who express ideas deemed as subversive, following unfair trials in which the accused’s rights are grossly violated.

The practice of secret detention for long periods (sometimes for over a decade) is still recurrent and our organizations in particular wish to express their profound concern as to the fate of Juma Aboufaied and Abdelrahman Al-Gteewi.

We also express our great concern concerning the fate of Dr. Idriss Aboufaied, who was urgently transferred on 6 April 2008 to Sabrata Hospital near Tripoli. According to information not confirmed by the authorities, he is suffering from cancer.

The communications submitted on Monday 7 April 2008 to the UN Human Rights Committee request this body to pronounce upon the many violations suffered by the Aboufaied brothers and additionally solicit provisional urgent protection measures, owing to the graves risks the two brothers face.

Libya has been a party to the International Covenant on Civil and Political Rights since 15 May 1970, as well as to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment since 16 May 1989. It is therefore bound to respect these international obligations and to guarantee its citizens the effective application of these internationally protected rights.