Djaafar Sahbi
Date of arrest: 1995-07-03
Forces responsible: Police
Summary
On the morning of July 3, 1995, Djaafar Sahbi accompanied one of his daughters to a doctor’s appointment at Mustapha Bacha university hospital in Algiers, where he was employed. As he left the hospital with his daughter at around 10 a.m., he was ordered to follow two police officers wearing blue vests bearing the word “police”. He and his daughter were ushered into a car. His daughter was later taken to her father’s office in the hospital, and Djaafar Sahbi’s co-workers were instructed to accompany her home. On July 6, 1995, police officers entered the Sahbi family home when no family members were present. The police broke down the steel door and the interior door of the house, as well as the doors of the bedrooms and closets. They seized Djaafar Sahbi’s bag, his family record book and other documents. None of the members of his family have seen Djaafar Sahbi or received any news of him since his arrest, and their searches at numerous police stations have been fruitless.
Steps taken
August 25, 1996: After many unsuccessful attempts to contact various judicial, governmental and administrative authorities, Djaafar Sahbi’s brother refers the matter to the Prosecutor of the Court of El Harrach, the Chief Prosecutor of the Court of Algiers, the Minister of Justice and the President of the Republic, to no avail.
October 19, 1998: Djaafar Sahbi’s family requests the intervention of the UN Working Group on Enforced or Involuntary Disappearances.
2007: The security services officially recognise Djaafar Sahbi’s disappearance but deny any responsibility.
March 12, 2007: The Directorate-General of National Security in Constantine, Ministry of the Interior, and local authorities, issue a “certificate of disappearance in the context of the national tragedy” pertaining to Djaafar Sahbi’s disappearance.
May 26, 2008: Having exhausted all domestic remedies, Djaafar Sahbi’s family seizes the UN Human Rights Committee.
Decision of the Human Rights Committee
Communication number: 1791/2008
Date adopted: 2013-03-22
Source/Author: Hafsa Boudjemai, represented by TRIAL – Track Impunity Always.
Violations found:
Right to life, prohibition of torture and cruel or inhuman treatment (including in relation to the author), right to liberty and security of person, respect for the inherent dignity of the human person, recognition as a person before the law and the right to an effective remedy, unlawful interference with the home (including in relation to the author).
Recommendations:
The State party must provide the author and her family with an effective remedy, including by: (a) conducting a thorough and effective investigation into the disappearance of Djaafar Sahbi; (b) providing the author and her family with detailed information about the results of its investigation; (c) releasing him immediately if he is still being detained incommunicado; (d) in the event that Djaafar Sahbi is deceased, handing over his remains to his family; (e) prosecuting, trying and punishing those responsible for the violations committed; and (f) providing adequate compensation to the author for the violations suffered and to Djaafar Sahbi, if he is still alive. 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. The State party must also prevent similar violations in the future.
Implemented by the Algerian authorities?: No
