CCPR/C/130/D/3599/2019 United Nations International Covenant on Civil and Political Rights Distr.: General 6 May 2021 English Original: Spanish Human Rights Committee Decision adopted by the Committee under article 5 (4) of the Optional Protocol, concerning communication No. 3599/2019*, **, *** Communication submitted by: F.A.J. and B.M.R.A., acting on their own behalf and on behalf of their missing relatives, M.J.V. and A.A.M. (represented by Women’s Link Worldwide and TRIAL International) Alleged victims: The authors, M.J.V. and A.A.M. State party: Spain Date of communication: 14 January 2019 (initial submission) Document references: Decision taken pursuant to rule 92 of the Committee’s rules of procedure, transmitted to the State party on 6 May 2019 (not issued in document form) Date of adoption of decision: 28 October 2020 Subject matter: Enforced disappearance Procedural issues: Competence ratione materiae, ratione temporis, ratione personae; exhaustion of domestic remedies Substantive issues: Right to an effective remedy; right to life; prohibition of torture and cruel and inhuman treatment; right to liberty and security of person; recognition as a person before the law Articles of the Covenant: 6, 7, 9 and 16, read in conjunction with 2 (3) Article of the Optional Protocol: 5 (2) (b) 1.1 The authors of the communication are F.A.J., born on 8 June 1928, and B.M.R.A., born on 3 March 1950. They are submitting the communication on their own behalf and on behalf of their parents (in the case of F.A.J.) and grandparents (in the case of B.M.R.A.), M.J.V., born on 21 July 1896, and A.A.M, born on 10 January 1894, whose fate and whereabouts have remained unknown since August 1936, when they were arrested by * 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 present communication: Yadh Ben Achour, Arif Bulkan, Ahmed Amin Fathalla, Furuya Shuichi, Christof Heyns, Marcia V.J. Kran, David H. Moore, Photini Pazartzis, Hernán Quezada Cabrera, Vasilka Sancin, José Manuel Santos Pais, Yuval Shany, Hélène Tigroudja and Gentian Zyberi. *** A joint (concurring) opinion of five members of the Committee and two joint (partially dissenting) opinions of six members of the Committee are annexed to the present decision. GE.21-06035 (E) 180521 190521

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