CCPR/C/128/D/2819/2016
United Nations
International Covenant on
Civil and Political Rights
Distr.: General
30 September 2020
English
Original: French
Human Rights Committee
Views adopted by the Committee under article 5 (4) of the
Optional Protocol, concerning communication No.
2819/2016*, **
Communication submitted by:
Aïcha Habouchi (represented by counsel,
Nassera Dutour, of the Collectif des familles de
disparu(e)s en Algérie)
Alleged victims:
The author and Abdelhakim Houari (the author’s
son)
State party:
Algeria
Date of communication:
7 April 2016 (initial submission)
Document references:
Decision taken pursuant to rule 92 of the
Committee’s rules of procedure, transmitted to
the State party on 6 January 2017 (not issued in
document form)
Date of adoption of Views:
27 March 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; access to
justice; recognition as a person before the law
Articles of the Covenant:
2 (2) and (3), 6, 7, 9, 10, 14 and 16
Articles of the Optional Protocol:
2, 3 and 5 (2)
1.1
The author of the communication is Aïcha Habouchi, a national of Algeria. She claims
that her son, Abdelhakim Houari, born on 19 May 1974 and also an Algerian national, was
the victim of an enforced disappearance attributable to the State party, in violation of articles
2 (3), 6, 7, 9, 10 and 16 of the Covenant. The author also claims to have suffered a violation
of her rights under article 2 (2) and (3), article 7 read in conjunction with article 2 (3), and
article 14 of the Covenant. The Covenant and the Optional Protocol entered into force for the
* Adopted by the Committee at its 128th session (2–27 March 2020).
** The following members of the Committee participated in the examination of the communication:
Yadh Ben Achour, Arif Bulkan, Ahmed Amin Fathalla, Christof Heyns, Bamariam Koita, Marcia V.J.
Kran, Duncan Laki Muhumuza, Photini Pazartzis, Hernán Quezada Cabrera, Vasilka Sancin, José
Manuel Santos Pais, Yuval Shany, Hélène Tigroudja, Andreas Zimmermann and Gentian Zyberi.
GE.20-12768 (E)
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