Will Algeria finally take action after further UN condemnations?

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).