United Nations

International Covenant on
Civil and Political Rights

Distr.: General
30 August 2016
Original: English

Human Rights Committee

Decision adopted by the Committee under the Optional
Protocol, concerning communication No. 2100/2011*, **
Communication submitted by:

S.M. (not represented by counsel)

Alleged victims:

The author and his son

State party:


Date of communication:

9 April 2011 (initial submission)

Document references:

Decision taken pursuant to rule 97 of the
Committee’s rules of procedure, transmitted to
the State party on 21 September 2011 (not issued
in document form)

Date of adoption of decision:

14 July 2016

Subject matter:

Alleged failure by the State party to investigate a

Procedural issues:

Exhaustion of domestic remedies; nonsubstantiation of claims

Substantive issues:

Impartial investigation; right to life; torture —
prompt and impartial investigation

Articles of the Covenant:

6, 7, 9 and 14

Articles of the Optional Protocol:

2 and 5 (2) (b)

The author of the communication is S.M., a Bulgarian citizen born in 1952 in Varna,
Bulgaria. He claims that his son, M.M., is the victim of an enforced disappearance, in
violation of articles 6, 7 and 9 of the Covenant. Moreover, he claims that he himself is the

* Adopted by the Committee at its 117th session (20 June-15 July 2016).
** The following members of the Committee participated in the examination of the present
communication: Yadh Ben Achour, Lazhari Bouzid, Sarah Cleveland, Olivier de Frouville,
Ahmed Amin Fathalla, Yuji Iwasawa, Ivana Jelić, Photini Pazartzis, Mauro Politi, Sir Nigel Rodley,
Victor Manuel Rodríguez-Rescia, Fabián Omar Salvioli, Yuval Shany and Margo Waterval.



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