United Nations

International Covenant on
Civil and Political Rights

Distr.: General
16 May 2017
Original: French

Human Rights Committee

Views adopted by the Committee under article 5 (4) of
the Optional Protocol, concerning communication
No. 2259/2013*, **
Communication submitted by:

Malika El Boathi (represented by counsel,
Nassira Dutour of the Collectif des Familles de
Disparu(e)s en Algérie)

Alleged victims:

The author and Brahim El Boathi (the author’s

State party:


Date of communication:

5 April 2013 (initial submission)

Document references:

Decision taken pursuant to rules 92 and 97 of the
Committee’s rules of procedure, transmitted to
the State party on 14 June 2013 (not issued in
document form)

Date of adoption of Views:

17 March 2017

Subject matter:

Enforced disappearance

Procedural issues:

Exhaustion of domestic remedies

Substantive issues:

Right to an effective remedy; prohibition of
torture, cruel, inhuman or degrading treatment or
punishment; right to liberty and security of
persons; respect for the inherent dignity of the
human person; recognition as a person before the

Articles of the Covenant:

2 (2) and (3), 6, 7, 9, 10 and 16

The author of the communication is Malika El Boathi, a national of Algeria. She
claims that her son, Brahim El Boathi, born on 3 April 1965, of Algerian nationality, is the
victim of an enforced disappearance attributable to the State party, in violation of articles 2
(2) and (3), 6, 7, 9, 10 and 16 of the Covenant. The author claims to be a victim of
violations of articles 2 (2) and 7, read in conjunction with article 2 (3), of the Covenant. She

* Adopted by the Committee at its 119th session (6-29 March 2017).
** The following members of the Committee participated in the examination of the communication:
Ms. Tania María Abdo Rocholl, Mr. Yadh Ben Achour, Ms. Ilze Brands Kehris, Ms. Sarah Cleveland,
Mr. Ahmed Amin Fathalla, Mr. Olivier de Frouville, Mr. Christof Heyns, Mr. Yuji Iwasawa,
Mr. Bamariam Koita, Ms. Marcia V.J. Kran, Mr. Duncan Laki Muhumuza, Ms. Photini Pazartzis,
Mr. Mauro Politi, Mr. José Manuel Santos Pais, Mr. Yuval Shany and Ms. Margo Waterval.

GE.17-07865 (E)

240517 060617


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