Mohammed Lemmiz

Date of arrest: 1996-04-30

Forces responsible: Army

Summary

Mohammed Lemmiz was arrested at his home by members of the Algerian National People’s Army during a military raid on April 30, 1996 at 5.30 a.m. He was reportedly taken to the Baraki military barracks before being transferred to the Beni-Messous barracks. Mohammed had been arrested previously, along with his brother. They had both subsequently been released by the authorities. His second arrest took place in the presence of his family, including his mother, and two neighbours. The family has had no news of the victim since that day.

Steps taken

1996-1998: Mohammed Lemmiz’s mother visits police stations, gendarmeries, barracks and ordinary courts in an effort to find out about the circumstances surrounding her son’s arrest, to no avail.

July 25, 1999: His mother sends a letter to the Prosecutor of the Blida military court, but receives no reply.

July 28, 1999: His mother sends a letter to the Minister of Justice.

July 28, 1999: His mother sends a letter to the head of the National Human Rights Observatory in Algiers.

July 25, 1999: His mother sends a letter to the Ministry of National Defence.

July 7, 2008: Having exhausted all domestic remedies, his mother seizes the UN Human Rights Committee.

Decision of the Human Rights Committee

Communication number: 1798/2008
Date adopted: 2013-07-25
Source/Author: Taous Azouz, represented by Track Impunity Always (TRIAL).
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 right to an effective remedy (including in relation to the author).

Recommendations:

The State party must provide the author and her family with an effective remedy by, inter alia: (a) conducting a thorough and effective investigation into the disappearance of Mohammed Lemmiz; (b) providing the author with detailed information about the results of its investigation; (c) releasing the victim immediately if he is still being held incommunicado; (d) if Mohammed Lemmiz 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 – regardless of whether or not she acknowledges her son’s death if that is in fact the case – and to Mohammed Lemmiz if he is still alive. Ordinance No. 06-01 notwithstanding, the State party should ensure that it does not impede enjoyment of the right to an effective remedy by victims of crimes such as torture, extrajudicial killings and enforced disappearances. The State party is also under an obligation to take steps to prevent similar violations in the future.

Implemented by the Algerian authorities?: No