Mourad Kimouche
Date of arrest: 1996-05-16
Forces responsible: National People’s Army
Summary
Between 5.30 a.m. and 2 p.m. on May 16, 1996, men in uniforms and official vehicles of the “joint forces” (police, gendarmerie and army) surrounded El Merdja, in the eastern suburbs of Algiers, and conducted an extensive search operation which led to the arrest of around 10 people. At about 8 a.m., several members of the National People’s Army came to the door of the Kimouche family’s house. They did not conduct a search but arrested Mourad Kimouche, saying that he was being detained to help with inquiries, and took him away with three other young men they had already arrested: Mohamed Grioua, Djamel Chihoub, and Fouad Boufertella. After an identity check, he was taken to the Baraki military barracks. Two weeks after her son was abducted, the author learnt from police officers that he was in Châteauneuf prison. He was later seen in El Harrach prison and Ben Aknoun military prison. According to further information obtained informally, Mourad was again transferred from the Ben Aknoun prison to the Beni Messous military detention centre. Years later, an army colonel whose identity has not been revealed identified Mourad Kimouche from his identity photo and told the authors he was held prisoner in Reggane detention camp for two or three years. The family has not received further information since then.
Steps taken
June 18, 1996: The family submits a complaint before the prosecutor at the El Harrach Court.
June 23, 1996: The family writes a letter to the prosecutor at the Bir Mourad Rais Court.
August 24, 1997: The family files another complaint with the Blida military court, later referred to El Harrach Court.
May 30, 1999: The examining magistrate at the El Harrach Court in charge of the file dismisses the proceedings, a decision challenged by the prosecutor of El Harrach.
July 13, 1999: Algiers Appeal Court upholds the decision rendered by the examining magistrate at El Harrach to dismiss proceedings.
July 25, 2000: The Criminal Division of the Algiers Supreme Court confirms the decision to dismiss the proceedings.
October 7, 2004: Having exhausted all the domestic remedies, the author seizes the UN Human Rights Committee.
Decision of the Human Rights Committee
Communication number: 1328/2004
Date adopted: 2007-07-10
Source/Author: Messaouda Kimouche, née Cheraitia, and Mokhtar Kimouche (represented by counsel, Nassera Dutour)
Violations found:
Prohibition of torture and cruel, inhuman or degrading treatment or punishment; right to liberty and security of person; arbitrary arrest and detention; respect for the inherent dignity of the human person; right to recognition before the law.
Recommendations:
The State party is under an obligation to provide the authors with an effective remedy, including a thorough and effective investigation into the disappearance and fate of their son, his immediate release if he is still alive, and the appropriate information emerging from its investigation, and to ensure that the authors and the family receive adequate reparation, including in the form of compensation. While the Covenant does not give individuals the right to demand the criminal prosecution of another person, the Committee nevertheless considers the State party duty-bound not only to conduct thorough investigations into alleged violations of human rights, particularly enforced disappearances and infringements of the right to life, but also to prosecute, try and punish the culprits. The State party is therefore also under an obligation to prosecute, try and punish those held responsible for such violations. The State party is further required to take measures to prevent similar violations in the future. The Committee reiterates that the State party should not invoke the Charte pour la Paix et la Réconciliation Nationale against individuals who invoke the provisions of the Covenant or have submitted or may submit communications to the Committee.
Implemented by the Algerian authorities?: No
