Tahar and Bachir Bourefis

Date of arrest: 1996-08-23

Forces responsible: Army

Summary

Bachir Bourefis was suspected by the authorities of being a supporter of the Islamic Salvation Front (FIS). He was first arrested by the military in early August 1994 and was held incommunicado at Jijel military sector headquarters for two months, until October 1994, when he was released. He was traumatised, had lost weight and had scars from the torture he had undergone, such as electric shocks, the rag torture and burns to several parts of his body. He had also been threatened with death if he were to speak of the torture he had suffered.

His father, Tahar Bourefis, was a teacher and imam at the mosque of Kaous, a town near his place of residence. He was a militant of the FIS. For that reason, he was the subject of threats by the security forces and had told his wife that he was afraid that he would be murdered or kidnapped by the army or the police.

On the night of August 22 to 23, 1996, soldiers burst into Mr Bourefis’ home and arrested him. They were looking for him specifically and took him away after telling his wife that it was a matter of simple routine checks and that her husband would be released in about 10 hours. She saw her husband being taken with about 20 civilians from the village in a bus that had been requisitioned from one of the inhabitants. Escorted by two military vehicles, the bus, driven by its owner, left in the direction of Jijel, where the operational military sector headquarters is located. The owner of the bus returned the next morning and told Mr Bourefis’ wife that he had left the arrested individuals at the Jijel military sector barracks.

In December 1996, two persons who had been arrested at the same time as Tahar Bourefis and had been released some weeks afterwards informed his wife that they had been held in the same cell on the first night of their detention. Since then, she has not had any information about what has happened to her husband.

On December 22, 1996, Bachir Bourefis was arrested after responding to a summons from the head of the local gendarmerie brigade. He was accompanied by his wife and his 4-year-old son, who were forced to leave by the gendarmes.

On March 12, 1997, Slimane Bourefis, Bachir Bourefis’ brother, was arrested and tortured by gendarmes, who accused him of belonging to a support network for the armed Islamist groups. He was threatened with the same fate as his father and brother if he did not acknowledge his membership to the network. He was, however, released after 15 days.

Around April 1997, the gendarmes acknowledged that Bachir Bourefis had been held at the gendarmerie, but said that he had been transferred the previous day to Jijel military sector. Since then, his mother has not received any information on her son’s fate.

His mother maintains that her son was arrested in reprisal for her attempts to find out what had happened to her husband, a common practice by the security forces during the civil war. The mother received threats several times because of her attempts to find out what had happened to her relatives.

Steps taken

August 24, 1996: Tahar Bourefis’ wife goes to the Jijel military sector headquarters to find out what happened to her husband and why he has been arrested. The soldiers tell her that he is not being held at the barracks and deny having carried out the night-time arrests. She later tries, on several occasions, to obtain information from military personnel, always to no avail.

December 23, 1996: Bachir Bourefis’ mother goes with her daughter-in-law to the gendarmerie to demand that her son be released. There, the gendarmes allegedly mistreat them and deny that they are holding Bachir Bourefis, even though they hand over keys that belonged to him. Bachir Bourefis’ mother tries again to find out what has happened to her son, but the gendarmes would not tell her, and instead insult and threaten her.

April 1997: Bachir Bourefis’ mother, accompanied by her daughter-in-law, goes to the Jijel military sector to enquire about her son’s fate and whereabouts. The soldiers deny they are holding Bachir Bourefis and threaten to kidnap all their family members if the women persist in their enquiry.

2004: Tahar Bourefis’ wife initiates proceedings before the Court of Taher. Despite what she has been told, the proceedings prove to be a request for a declaration of disappearance in respect of her husband by the court. The court later concludes that Tahar Bourefis has been kidnapped by an unidentified armed group.

February 2005: Tahar Bourefis’ wife and her daughter-in-law write to the president of the Advisory Commission for the Protection and Promotion of Human Rights, to no avail.

September 2005: Tahar Bourefis’ wife lodges a formal complaint with the Public Prosecutor of the Court of Taher for abduction and unlawful imprisonment, which is shelved.

July 30, 2006: Tahar Bourefis’ wife writes to the President of the Republic, the Prime Minister, the Minister of the Interior and the Minister of Justice to ask for an investigation to be opened into the circumstances of her husband’s disappearance, to no avail.

October 6, 2006: Tahar Bourefis’ wife requests a declaration of disappearance in respect of her husband from the gendarmerie.

December 19, 2006: The gendarmerie sends a report testifying that “following investigations”, it has been established that Tahar Bourefis was “missing”. A similar report has been drawn up on May 7, 2006 for her son at the request of his wife.

June 25, 2007: Tahar Bourefis’ wife lodges another complaint with the Military Prosecutor of Constantine since the presumed perpetrators of the disappearances of her husband and her son were military personnel, to no avail. She also sends a request to the Public Prosecutor of Taher for an investigation to be opened into the circumstances of her son’s disappearance; this is also dismissed in January 2009.

November 19, 2009: Having exhausted all domestic remedies, Tahar Bourefis’ wife seizes the UN Human Rights Committee.

Decision of the Human Rights Committee

Communication number: 1924/2010
Date adopted: 2014-07-24
Source/Author: Zohra Boudehane, represented by Rachid Mesli, Alkarama for Human Rights.
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 (including in relation to the author); unlawful interference with the home and right to family life.

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 Tahar and Bachir Bourefis; (b) providing the author and her family with detailed information about the results of its investigation; (c) releasing them immediately if they are still being detained incommunicado; (d) in the event that Tahar and Bachir Bourefis are deceased, handing over their remains to their family; (e) prosecuting, trying and punishing those responsible for the violations committed; and (f) providing adequate compensation to the author and her family for the violations suffered and to Tahar and Bachir Bourefis, if they are still alive. Notwithstanding the terms of Ordinance No. 06-01, 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 is also under an obligation to prevent similar violations in the future.

Implemented by the Algerian authorities?: No