ICCPR Case Digest
View Adopted: 2016.10.27
Rafik Belamrania v. Algeria
- Arbitrary execution
- Effective remedy
- Right to life
- Torture / ill-treatment
- Article 2.3
- Article 6.1
- Article 7
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.