CCPR/C/130/D/2843/2016
The facts as submitted by the author
2.1
Sadek Rsiwi, the father of eight children, lived in Ghardaïa and was “a former military
officer” in the National Liberation Army, formed in 1954 to fight for the independence of
Algeria. Because of his skills and his excellent knowledge of the region, where he served for
many years, the Algerian authorities asked him to lead a local militia to support the activities
of the security services, an offer which he declined on several occasions.
2.2
On a day in early March 1996, at around 11.30 a.m., Sadek Rsiwi was at his home
when soldiers from Ghardaïa district arrived in several official vehicles. 1 They surrounded
and searched his home, then arrested him and took him to Ghardaïa military district. 2
2.3
On 17 and 18 March 1996, the author was able to visit her husband twice and to bring
him medicine to treat his diabetes. Upon her subsequent visit, the author was informed that
her husband had been transferred to Ouargla. When she arrived there, she was informed that
there was no record of Sadek Rsiwi’s presence. She returned several times to Ghardaïa
military district to inquire about her husband’s fate. Each time, she was told that he was no
longer there and was ordered not to return. The author has not had any news of her husband
since.
2.4
The author has made numerous requests to national judicial and administrative
institutions for information on Sadek Rsiwi’s situation, including by sending letters to various
administrative and government entities. 3 All of these requests have proved futile. On 9 June
1996, the author sent a letter to the commander of Ouargla military district asking him to
provide her with information regarding the fate of her husband but received no response. A
similar request was sent to the commander of Ghardaïa military district on 1 October 1996,
but it too remained unanswered.
2.5
On 13 October 1997, 21 June 1998, 20 September 1998 and 24 July 2000, the author
sent letters to the public prosecutor at the Court of Ghardaïa to no avail. On 8 October 1996,
11 May 1998 and 24 July 2000, the author contacted the chair of the National Human Rights
Observatory. She requested his assistance in clarifying the circumstances of her husband’s
disappearance.
2.6
On 12 April and 20 June 1998, the author sent letters to the Ombudsman of the
Republic4 to request that he intervene with the competent institutions. Subsequently, on 23
October 1999, she sent a letter to the Ministers of Defence and Justice, in which she explained
that none of the authorities that she had contacted had replied to her and requested that an
investigation be opened into her husband’s disappearance. On 5 November 2001, the author
sent two letters, one to the President of the Republic and the other to the Minister of the
Interior and Local Government, requesting their assistance. On 16 March 2002, the National
Advisory Commission for the Promotion and Protection of Human Rights 5 informed the
author that, according to investigations carried out by the Ghardaïa gendarmerie, Sadek Rsiwi
had not been arrested by the security services. The author then contacted the chair of the
Commission on 30 April 2002 to ask him to pursue the investigations.
2.7
Despite the author’s efforts, no inquiry has been opened. The author stresses that she
is no longer legally entitled to initiate judicial proceedings following the promulgation of
Ordinance No. 06-01 of 27 February 2006 on the implementation of the Charter for Peace
and National Reconciliation. Domestic remedies, which had already proved useless and
1
2
3
4
5
2
The author identifies in particular A.W., an officer of Ghardaïa military district.
The author specifies that her husband was arrested despite the fact that the soldiers who raided his
home had found nothing.
These letters are annexed to the communication.
The author specifies that the role of the Ombudsman is to contribute to the protection of civil rights
and freedoms and to the smooth functioning of public institutions and administrations. This appeal
body, consisting of 44 representatives, was set up in 1996 and may be approached by any person who
considers himself or herself to have been wronged by the malfunctioning of a public service.
The author explains that this institution, which has replaced the National Observatory for Human
Rights, is an administrative authority that does not have any judicial functions or similar powers. It
only has the power to make recommendations, which are without enforceable effect, since the
decision to act on them remains at the discretion of the President of the Republic.
GE.21-03102