ICCPR Case Digest

CCPR/C/128/D/3082/2017

Communication

3082/2017

Submission: 2017.09.08

View Adopted: 2020.03.27

A. Souaiene and A. Souaiene v. Algeria

Substantive Issues
  • Effective remedy
  • Liberty and security of person
  • Recognition as a person before the law
  • Respect for the inherent dignity of the human person
  • Torture / ill-treatment
Relevant Articles
  • Article 10
  • Article 14
  • Article 16
  • Article 2.2
  • Article 2.3
  • Article 6
  • Article 7
  • Article 9
Full Text

Facts

The authors of the communication are nationals of Algeria who claims that the State Party has violated their rights under article 2, 7, and 14 of the Covenant.

The son of the authors, Rabah Souaine, held an official post in the Department of Intelligence and Security. A few days prior to his disappearance, he submitted his resignation. About 100 of his colleagues had done the same, and only five people received a favourable opinion on the condition of giving six months notice. Rabah Souaine was one of those people. The day before his disappearance he received a phone call. His father overheard him agreeing to a meeting place on the following day, and stating the registration number of his car. On December 18, 1994, he left his house to go to the meeting in his car. Neither he nor his car has been seen since.

 The following day, his cousin went to the police station to file a complaint in relation to his disappearance and give a description of the car. The police immediately posted the registration and description of the car on the lost and found board. However, when the cousin returned to the police station the next day, the report was no longer displayed.

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