Farid Mechani
Date of arrest: 1993-05-16
Forces responsible: Police
Summary
At 11.15 a.m., on May 16, 1993, while he was returning home after running an errand, Farid Mechani was stopped near his home in Algiers, by six plain-clothed police officers who arrived at great speed in two vehicles. The officers said they were from the daira (subprefecture) police department in Hussein Dey. He was arrested in the presence of his mother and neighbours, no warrant was produced nor was any reason given for his arrest. Farid Mechani was pushed violently into a van and taken away. A neighbour, who was arrested on the same day and released shortly after told Farid Mechani’s parents that their son had been held at the 14th district police station. He told the family that he had heard Farid Mechani’s voice several times from a neighbouring cell. His family also learned that Farid Mechani had been arrested based on confessions, presumably made under duress, by a neighbour, which described Farid Mechani as an active member of the Islamic Salvation Front (FIS) and the “brain” behind a bomb-attack operation. Based on court documents obtained by their lawyer, his family also learned that, on August 22, 1993, Farid Mechani appeared before the Chief Prosecutor of Bab-el-Oued Special Court. However, on May 4, 1994, Farid Mechani was tried in absentia by the Bab-el-Oued Special Court. The Court sentenced him to life imprisonment for “endangering State security and conspiracy” and “membership of a criminal association that has the aim of causing violence and debasing the State” and declared him a fugitive. Farid Mechani’s family has not received further information since.
Steps taken
June 11, 1993: Farid Mechani’s family sends a letter to the Wali (prefect) of Algiers, asking him to intervene with the Hussein Dey police station.
July 3, 1993: His family contacts the Chairperson of the National Observatory for Human Rights with regard to his “illegal detention”.
September 7, 1993: His family lodges a complaint with the Chief Prosecutor at the Algiers Special Court in Bab-el-Oued, to no avail.
September 21, 1993: His family appeals to the Director of Judicial Affairs of the Ministry of Justice.
September 25, 1993: His family has a telephone interview with the Director of Judicial Affairs, who informs them that Farid Mechani had been handed over to the military police the day after his arrest.
September 26, 1993: His family submits a complaint to the Minister of the Interior, the Prime Minister and the Chairman of the High Council of State, to no avail.
March 7, 2003: His family requests the intervention of the UN Working Group on Enforced or Involuntary Disappearances.
March 8, 2003: His family submits an appeal to the National Commission for the Protection and Promotion of Human Rights, to no avail.
September 22, 2004: His family compiles a case-file (“registration card”) for the Ad Hoc Commission on Disappearances set up by the Government.
February 8, 2006: The Ad Hoc Commission on Disappearances acknowledges receipt of the Farid Mechani’s case-file.
June 30, 2008: Having exhausted all domestic remedies, Farid Mechani’s family seizes the UN Human Rights Committee.
Decision of the Human Rights Committee
Communication number: 1807/2008
Date adopted: 2013-03-22
Source/Author: Slimane Mechani, represented by counsel, Collectif des Familles de Disparu(e)s en Algérie.
Violations found:
Prohibition of torture and cruel or inhuman treatment (including in relation to the author), right to liberty and security of person, right of all persons deprived of their liberty to be treated with humanity and dignity, right to a fair trial, recognition as a person before the law and right to an effective remedy (including in relation to the author).
Recommendations:
The State party must provide the author and his family with an effective remedy, including by: (a) conducting a thorough and effective investigation into the disappearance of Farid Mechani; (b) providing the author with detailed information about the results of its investigation; (c) releasing Farid Mechani immediately if he is still being detained incommunicado; (d) in the event that Farid Mechani 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 Farid Mechani, 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 must also prevent similar violations in the future.
Implemented by the Algerian authorities?: No
