CCPR/C/130/D/2843/2016*

United Nations

International Covenant on
Civil and Political Rights

Distr.: General
5 March 2021
English
Original: French

Human Rights Committee

Views adopted by the Committee under article 5 (4) of the
Optional Protocol, concerning communication No.
2843/2016**, ***
Communication submitted by:

Fatima Rsiwi (represented by counsel from
Fondation Alkarama)

Alleged victims:

The author and Sadek Rsiwi (the husband of the
author)

State party:

Algeria

Date of communication:

7 September 2016 (initial submission)

Document references:

Decision taken pursuant to rule 92 of the
Committee’s rules of procedure, transmitted to
the State party on 8 November 2016 (not issued
in document form)

Date of adoption of Views:

19 October 2020

Subject matter:

Enforced disappearance

Procedural issue:

Exhaustion of domestic remedies

Substantive issues:

Right to an effective remedy; cruel, inhuman or
degrading treatment or punishment; liberty and
security of person; human dignity; recognition as
a person before the law

Articles of the Covenant:

2 (2) and (3), 6 (1), 7, 9, 10 (1), 16, 19 and 23 (1)

Articles of the Optional Protocol:

2, 3 and 5 (2)

1.
The author of the communication is Fatima Rsiwi, a national of Algeria. She claims
that her husband, Sadek Rsiwi, born in 1942 and also a national of Algeria, is the victim of
an enforced disappearance attributable to the State party, in violation of articles 2 (3), 6, 7, 9,
10, 16 and 23 (1) of the Covenant. The author maintains that she herself is the victim of a
violation of her rights under articles 2 (3), 7 and 23 (1) of the Covenant. Lastly, she claims
that, because of its domestic legislation, the State party is in breach of its general obligation
under article 2 (2), read in conjunction with articles 2 (3) and 19 of the Covenant. The
Covenant and the Optional Protocol to the Covenant entered into force for the State party on
12 December 1989. The author is represented by counsel from Fondation Alkarama.
* Reissued for technical reasons (11 March 2021).
** Adopted by the Committee at its 130th session (12 October–6 November 2020).
*** The following members of the Committee participated in the examination of the communication:
Yadh Ben Achour, Arif Bulkan, Ahmed Amin Fathalla, Furuya Shuichi, Christof Heyns, Bamariam
Koita, David H. Moore, Duncan Laki Muhumuza, Hernán Quezada Cabrera, Vasilka Sancin, José
Manuel Santos Pais, Yuval Shany, Hélène Tigroudja, Andreas Zimmermann and Gentian Zyberi.

GE.21-03102 (E)

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