ICCPR Case Digest

CCPR/C/118/D/2157/2012

Communication

2157/2012

Submission: 2012.05.09

View Adopted: 2016.10.27

Rafik Belamrania v. Algeria

Substantive Issues
  • Arbitrary execution
  • Effective remedy
  • Right to life
  • Torture / ill-treatment
Relevant Articles
  • Article 2.3
  • Article 6.1
  • Article 7
Violations

Recommendations

In accordance with article 2 (3) (a) of the Covenant, the State party is under an obligation to provide the author with an effective remedy. This provision requires that States parties provide full compensation to persons whose Covenant rights have been violated.

In the present case, the State party is required to:

(a) conduct a thorough and rigorous investigation into the alleged summary execution of Mohammed Belamrania;

(b) provide his family with detailed information on the results of the investigation;

(c) prosecute, try and punish those responsible for the violations;

(d) provide the victim’s family with appropriate compensation and redress.

Order No. 06-01 notwithstanding, the State party should also ensure that it does not prevent the victims of offences such as torture, extrajudicial killing and enforced disappearance from exercising their right to an effective remedy.

In addition, the State party is required to take steps to prevent similar violations from reoccurring in future.

Rules of Procedure of the Human Rights Committee

Rules of Procedure of the Human Rights Committee CCPR/C/3/Rev.10

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CCPR NGO Participation

Documents adopted by the Human Rights Committee (March 2012)

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CCPR NHRI Participation

Documents adopted by the Human Rights Committee (November 2012)

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