CCPR/C/112/D/2132/2012 of Tarek and Mohamed. They also claim that they themselves are victims of violations of the rights guaranteed under articles 7 and 23 (para. 1), read alone and in conjunction with article 2 (para. 3). They are represented by Philippe Grant of the organization TRIAL. 1.2 On 28 February 2012, the Committee, through its Special Rapporteur on new communications and interim measures, decided to grant the protection measures requested by the authors and asked the State party to refrain from invoking its national legislation, and specifically Ordinance No. 06-01 of 27 February 2006 on the implementation of the Charter for Peace and National Reconciliation, against the authors and their family members on the grounds of the present communication. The facts as presented by the authors 2.1 On 12 April 1994 Adel Kerouane and two accomplices attempted a burglary. Surprised by security officials, they fled the scene. In the course of the arrest, the security officials opened fire, killing the two accomplices. Adel Kerouane was taken to hospital with a bullet wound to the leg and remained there for around two weeks. His father came to visit him three times. When he came the fourth time, however, he found that Adel was no longer in the hospital. A member of the hospital staff told him that he had been taken away by the security services but was unable to say what had become of him. 2.2 Tarek Kerouane, aged 16, was stopped by law enforcement officials on 20 May 1994 on his way home from school. The next day he was taken home by some 20 uniformed and masked police officers and two plain clothes police officers. His uncle, who lives in the same house, tried to approach the car where his nephew was being held, but the officials stopped him. Their home was searched but nothing incriminating was found. The next day Kamela Allioua, Tarek’s grandmother and an author of the complaint, tried to find out what had happened to him, without success. She then went to the military security services at the Belle-Vue barracks, where an official told her that she would have to wait two weeks to find out where Tarek was. Two weeks later the author went back. The official made a phone call and she heard part of the conversation and realized that he was speaking to an official at Coudiat prison, who confirmed that Tarek was being held there. After the call the official merely told the author that Tarek was not being held at the barracks, but did not say where he actually was. 2.3 At the family’s request, a visiting permit was issued on 3 July 1994 by the investigating judge of the special court of Constantine, stating that Adel and Tarek Kerouane were “under arrest at Constantine 25 prison”. However, on the day of the visit, the prison guards at Constantine told the mother and grandmother of the missing persons that they were not being held there. Another visiting permit was issued for the same prison on 28 July 1994. The prison staff again turned Adel and Tarek Kerouane’s mother and grandmother away, and behaved in a threatening manner towards them. The prison guards told them that it would be in their interests not to come back because they would not want to behave unpleasantly to women. 2.4 Mohamed Kerouane, aged 15, was arrested on 22 February 1996, together with a friend. The friend, who was released a month later, told the Kerouane family that he and Mohamed had been arrested in the street quite without warning, and detained by officials of the Hamma gendarmerie. A gendarmerie officer told the family that “some people came for him” while he was detained, but did not say who these people were. Three months after the arrest, the family received information, corroborated by several people, that Mohamed’s body had been recognized as one of a number piled at the side of a road. Shortly afterwards a friend of the family said they had seen the body at the mortuary. It was lying on the ground alongside several other bodies. All of them were wearing shoes without laces and trousers without belts, which, according to the authors, could mean they had been in prison. According to the friend, Mohamed’s head and body bore the marks of torture and illGE.14-22477 3

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