A/HRC/16/48
disappearances who were allegedly forced to request a presumption of death certificate,
stating that it considered this communication an urgent appeal and a repetition of vague
allegations and general accusations from a politically motivated source. Therefore, the
Government did not deem it appropriate to reply.
49.
In the same communication, the Government also replied to the prompt intervention
letter sent on 5 January 2010. It stated that, following receipt of the communication, the
competent authorities had gathered additional information from the subject of the
communication, who made a statement to the national gendarmerie reiterating his position
on refusing compensation and restating his request that an investigation be opened to
determine the circumstances of the disappeared person or to find incontrovertible evidence
of his death. In the absence of such evidence, he maintained his refusal to follow any
judicial procedure to obtain a legal declaration of death. The Government stressed that the
subject of the communication had at no point stated that he had been the victim of
harassment or reprisals on the part of any authority. The Government also noted the general
framework for handling the issue of disappeared persons in Algeria in accordance with the
Charter for Peace and National Reconciliation adopted by referendum in 2005. It stated that
the procedure has been accepted by a majority of the families concerned and that families
are informed of their rights by the competent administrative and judicial authorities. In
addition, it stated that in full conformity with this approach, the opinions, positions and
choices expressed by those families who refuse the approach were fully respected.
50.
On 25 May 2010, the Government replied to the prompt intervention letter sent on
19 April 2010 stating that, during the morning of 11 April 2010, officers in charge of public
order dispersed a group of people in front of the Ministry of Justice who were
demonstrating and thereby creating traffic problems. The majority of those demonstrating
agreed to leave except for a small group. Contrary to what was alleged, the persons were
never subjected to ill-treatment by public order agents who, at first, simply invited them to
disperse and, when they refused, proceeded to disperse them. None has submitted a
complaint to the authorities and for this reason no investigation has been opened.
Request for a visit
51. On 25 August 2000, the Working Group requested an invitation to undertake a
mission to Algeria. A reminder was sent on 21 October 2010. On 12 November 2010, the
Government informed the Working Group that it would not be in a position to forward all
supporting documents which were requested concerning outstanding cases; however, the
Government proposed that the Working Group could travel to Algiers to consult the abovementioned documents and meet with the families of those allegedly disappeared but found
alive.
Total cases transmitted, clarified and outstanding
52. Since its establishment, the Working Group has transmitted 2,950 cases to the
Government; of those, 18 cases have been clarified on the basis of information provided by
the source, 9 cases have been clarified on the basis of information provided by the
Government, and 2,923 remain outstanding.
Observations
53.
It is gratifying that after a long period of lack of engagement the Government of
Algeria continues to be involved in a process of dialogue and cooperation with the Working
Group.
54.
The Working Group notes that about 200 cases of its present backlog concern
Algeria. It will deal with them at its ninety-third session.
20
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents