CCPR/C/112/D/2083/2011 1.2 On 12 August 2011, the Committee, through its Special Rapporteur on new communications and interim measures, decided to grant the protection measures requested by the author and asked the State party to refrain from invoking domestic legislation, and specifically Ordinance No. 06-01 of 27 February 2006 implementing the Charter for Peace and National Reconciliation, against the author or his family on the grounds of the present communication. On 26 October 2011, the Committee, through its Special Rapporteur on new communications and interim measures, decided not to examine the admissibility of the communication separately from the merits. The facts as submitted by the author 2.1 At 7 a.m. on 12 August 1994, Yahia Kroumi, the author’s son, was arrested at his home in Constantine by a group of uniformed soldiers and plain clothes military security personnel who were conducting a vast search operation following the murder of two soldiers in the region of Constantine. The members of the security forces entered all the homes in the district in which Yahia Kroumi lived and ordered all the men to leave their homes with their hands raised. Those arrested were brought together outside and some of them, including Yahia Kroumi, were taken by lorry to an unknown place of detention. According to the author, who was present at his son’s arrest, at no time did the security forces present an arrest warrant or invoke any grounds for the arrest of his son. 2.2 According to the author, Yahia Kroumi and his 17 fellow detainees were subjected to appalling conditions of detention: the 18 men were crammed into a cell measuring four square metres where they were forced to remain standing for lack of space in the oppressive August heat. In just one day, most of them died on account of the conditions of detention. The bodies were removed, wrapped in blankets, and loaded onto an army lorry. There were very few survivors, and the author points out that his son may have died at that time. To date, in spite of the many steps taken by Yahia Kroumi’s relatives, no one knows what happened to him. 2.3 The author and his family have taken various steps, both judicial and administrative, to determine the fate of Yahia Kroumi, but these have been in vain. The author and his wife visited the different police and gendarmerie units in Constantine to enquire whether their son was being held there. On 24 December 1995 and 25 February 1996, the family filed requests for information concerning the disappearance of Yahia Kroumi with the prosecution service in Constantine. On 29 March 1997, in response to a request by the Prosecutor-General of the Constantine court, the criminal police in Constantine wilaya produced a statement in which it officially denied any involvement in Yahia Kroumi’s arrest. During the year 2000, the author submitted a request to the Ministry of the Interior in response to which he was told that investigations concerning his son had failed to determine his whereabouts. On 26 August 2000, the author and his wife also wrote to the ProsecutorGeneral and to the State Prosecutor to inform them of their son’s disappearance. In spite of all these requests, no thorough investigation has been carried out into the disappearance and the author has never received any information about his son’s fate. 2.4 On 28 June 2000, the author also sent a registered letter to the Chairman of the National Human Rights Observatory (ONDH). On 5 December 2001, the Kroumi family received a reply from the National Consultative Commission for the Protection and Promotion of Human Rights (CNCPDH) 1 informing them that Yahia Kroumi was unknown to the security forces and had never been arrested by them. On 9 September 2004, the Kroumi family received an invitation from the Commission to attend a hearing held by its members for the families of disappeared persons. No information was provided on the fate of Yahia Kroumi during the hearing. 1 GE.14-22365 CNCPDH has replaced ONDH. 3

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