CCPR/C/128/D/2924/2016
United Nations
International Covenant on
Civil and Political Rights
Distr.: General
4 November 2020
English
Original: French
Human Rights Committee
Views adopted by the Committee under article 5 (4)
of the Optional Protocol, concerning communication
No. 2924/2016*, **
Communication submitted by:
Alleged victims:
Rachid Braih (represented by counsel from the
Fondation Alkarama)
The author and Ahmed Braih (the author’s father)
State party:
Algeria
Date of communication:
17 November 2016 (initial submission)
Document references:
Decision taken pursuant to rule 92 of the
Committee’s rules of procedure, transmitted to
the State party on 28 December 2016 (not issued
in document form)
Date of adoption of Views:
27 March 2020
Subject matter:
Enforced disappearance
Procedural issue:
Exhaustion of domestic remedies
Substantive issues:
Right to an effective remedy; cruel, inhuman or
degrading treatment or punishment; liberty and
security of person; human dignity; recognition as
a person before the law
Articles of the Covenant:
2 (1) and (3), 6 (1), 7, 9, 10 (1), 16 and 23 (1)
Articles of the Optional Protocol:
2, 3 and 5 (2)
1.
The author of the communication is Rachid Ahmed Khalil Braih, a stateless person.
He claims that his father, Ahmed Khalil Mahmoud Braih, born in Morocco in 1953, was the
victim of an enforced disappearance attributable to the State party and that this constitutes a
violation of articles 2 (3), 6, 7, 9, 10, 16 and 23 (1) of the Covenant. The author further
claims that he and his family are victims of a violation of their rights under articles 2 (1)
and (3), 7 and 23 (1) of the Covenant. The Covenant and the Optional Protocol thereto
entered into force for the State party on 12 December 1989. The author is represented by
counsel from the Fondation Alkarama.
* Adopted by the Committee at its 128th session (2–27 March 2020).
** The following members of the Committee participated in the examination of the communication:
Yadh Ben Achour, Arif Bulkan, Ahmed Amin Fathalla, Christof Heyns, Bamariam Koita, Marcia V.J.
Kran, Duncan Laki Muhumuza, Photini Pazartzis, Hernán Quezada Cabrera, Vasilka Sancin, José
Manuel Santos Pais, Yuval Shany, Hélène Tigroudja, Andreas Zimmermann and Gentian Zyberi.
GE.20-14652 (E)
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