Torture in Algeria: Mr. Hanafi’s family got justice before the United Nations

On 4 November 1998, exactly fourteen years ago, Mr. Hanafi died following acts of torture he suffered while in the hands of the Algerian authorities. Despite the condemnation of Algeria by the UN Committee against Torture in June 2011, those responsible for committing such acts have still not been punished, and the family has not received any compensation.

On 16 June 2011, the Committee issued a decision in which it condemned Algeria for the torture inflicted on Mr. Hanafi which led to his death. Following this decision, the Committee urged the Algerian government to initiate an impartial investigation without delay in order to prosecute those responsible for torture and compensate the family.

The proceedings initiated before the UN Committee against Torture and the decision condemning Algeria allowed the family of Mr. Hanafi to obtain justice. However, those responsible for the acts of torture that led to the death of Mr. Hanafi have not been punished under criminal law yet. The Algerian authorities are required to open an investigation immediately to identify the perpetrators and put an end to this intolerable situation. It is only through these measures that the family will enjoy a real and complete restorative process and that an end will be put to impunity.

In this light TRIAL contacted in May 2012 the Attorney General of Tiaret in order to ensure that the decision of the Committee will be effectively implemented and that a thorough, independent and impartial investigation will be carried out with a particular focus on the acts of torture that caused Mr. Hanafi’s death. On 30 July 2012, TRIAL informed the Committee against Torture about this step and drew its attention on the lack of response from the Algerian authorities.

However, more than sixteen months after the adoption of this decision by the Committee against Torture, no investigation has been initiated and those involved in the perpetration of acts of torture were not prosecuted. Additionally, the family has not received any compensation so far.

In light of the forthcoming meeting of the Committee against Torture on 16 November 2012 dedicated to the follow-up of the individual communications, TRIAL wrote today to the Committee to ask for an active monitoring of the activities of the Algerian authorities to ensure that the international decision is fully respected.

TRIAL also asked the Committee to consider whether to initiate joint efforts with the Human Rights Committee, which also issued several decisions on Algerian cases. Four of them concern cases of enforced disappearances submitted by TRIAL and whose decisions have not yet been implemented. Holding a joint mission of the two committees in Algeria should thus be considered in order to urge the Algerian authorities to finally comply with their international human rifghts obligations.

For more information

• See the Hanafi case
• See the letter sent by TRIAL to the Committee against torture
• See the website of the Committee against torture