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 make full reparation to individuals whose Covenant rights have been violated.

In the present case, the State party is obliged, inter alia, to:

(a) conduct a thorough and impartial investigation into the disappearance of Youcef Khelifati and provide the author and his family with detailed information about the results of its investigation;

(b) release Youcef Khelifati immediately if he is still being held incommunicado;

(c) in the event that he is deceased, return his remains to his family;

(d) prosecute, try and punish those responsible for the violations that have been committed;

(e) provide adequate compensation to the author for the violations perpetrated against him, and to Youcef Khelifati, if he is alive; and

(f) provide appropriate satisfaction for the author and his family.

Notwithstanding the terms of Order No. 06-01, the State party should ensure that it does not impede enjoyment of the right to an effective remedy for crimes such as torture, extrajudicial killings and enforced disappearances. It is also under an obligation to take steps to prevent similar violations in the future. To that end, the Committee is of the view that the State party should review its legislation in the light of its obligation under article 2 (2) and, in particular, reconsider Order No. 06-01 to ensure that the rights enshrined in the Covenant can be enjoyed fully in the State party.