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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