Daouia Benaziza
Date of arrest: 1996-06-02
Forces responsible: Military security officers
Summary
Daouia Benaziza (68 at the time of the events) was arrested on June 2, 1996, at around 10 p.m. by military security officers. They were looking for her son, Ali Benaziza. As he was not present, they took her instead. Her family and neighbors witnessed the arrest. Her family then enquired about her fate and whereabouts with the police, but to no avail. In this context, her family received conflicting information from confidential sources attesting to her presumed death. Since then, Daouia Benaziza’s family has not received further information.
Steps taken
June 4-5, 1996: Daouia Benaziza’s family meets twice with the Chief Prosecutor of the fifth military region of Constantine in order to find out what happened to her.
July 14, 1996: Her family sends a letter to the Secretary-General of the Ministry of Defence, with copies to the Office of the President of the Republic, the Head of Government, the Minister of Justice, the then Speaker of Parliament, the head of the fifth military region, the presidents of the two human rights leagues and the Ombudsman.
July 30, 1996: Her family has a third meeting with the Chief Prosecutor of the fifth military region of Constantine; in order to submit complete documentation and to have certain information on the alleged death of Daouia Benaziza.
August 1996: Her family meets with the Offices of the Prime Minister and the Ministry of Justice.
September 1996: Her family files a complaint for abduction against a person or persons unknown with the Court of Constantine.
October 1996: The Office of the President opens an investigation into the fate of Daouia Benaziza.
November 23, 1996: Her family has a meeting with the Constantine gendarmerie in connection with the inquiry led by the Office of the President.
April 4, 1997: Her family has a meeting with the Directorate-General of National Security in connection with an investigation led by the Constantine prosecution service.
August 16, 1997: Her family is summoned to the police station in the 13th police district of the wilaya (prefecture) of Constantine, where they are handed a copy of a decision to discontinue proceedings.
December 12, 1997: Her family requests the intervention of the UN Working Group on Enforced or Involuntary Disappearances (WGEID).
March 13, 2007: Her granddaughter seizes the UN Human Rights Committee.
Decision of the Human Rights Committee
Communication number: 1588/2007
Date adopted: 2010-07-26
Source/Author: Nedjma Benaziza, represented by counsel, Nassera Dutour of the Collectif des Familles de Disparus en Algérie.
Violations found:
Prohibition of torture and cruel, inhuman or degrading treatment or punishment (including in relation to the author and the victim’s sons); right to liberty and security of person; arbitrary arrest and detention; right to recognition as a person before the law; right to an effective remedy.
Recommendations:
The State party must provide the author with an effective remedy, in particular by conducting a thorough and diligent investigation into her grandmother’s disappearance, duly informing her of the outcome of the investigation and paying appropriate compensation to the author, her father and her uncles. The Committee considers the State party duty-bound not only to conduct thorough investigations into alleged violations of human rights, particularly enforced disappearances and acts of torture, but also to prosecute, try and punish the culprits. The State party is also under an obligation to prevent similar violations in the future.
Implemented by the Algerian authorities?: No
