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Ad Hoc Inquiry Commission in Charge of the Question of Disappearances Print E-mail
Africa - Algeria

FULL NAME OF MECHANISM
Commission d’Enquête ad hoc chargée de la question des disparus or the Ad Hoc Inquiry Commission in Charge of the Question of Disappearances
 
YEARS OF OPERATION
September 20, 2003 – March 31, 2005
 
MANDATE AND OPERATIONS

Mandate: Established by President Bouteflika, with Presidential decree 03-299 of September 11, 2003, (http://www.joradp.dz/JO2000/2003/055/F_Pag.htm, information in French) for 18 months, within the Commission Nationale Consultative de Promotion et de Protection des Droits de l'Homme (National Consultative Commission on the Promotion and Protection of Human Rights).

Violence broke out in Algeria after an election that the opposition was winning was cancelled. Islamist armed groups began targeting police and soldiers but eventually came to attack civilians indiscriminately. Security Forces responded with several thousand disappearances.

The Commission's mandate was to centralise all information on the disappeared, and serve as the interface between government and families of the “disappeared”. It was tasked to identify cases of alleged disappearances and determine the fate of the disappeared, as well as draft measures to provide aid and compensation to victims’ families (including financial, material and psychological measures). However, its mandate did not include identifying those responsible for the disappearances, and its investigative powers were limited by the fact that the Commission had no access to the archives of the security forces. [HRW and AI]

Staff: Headed by Farouk Ksentini, who is also the President of the human rights ombuds, which replaced the controversial ONDH in September 2001, and inherited 4,670 cases of disappeared. Composed of six appointed members of the CNCPPDH. [HRW]

Results: The Commission head issued public statements in late 2002 estimating that there were between 7,000 and 12,000 cases. In March 2003 he also publicly attributed responsibility for 6,146 of the disappearances on file to the state. [HRW & ICTJ 2005]

Title of Report: The Commission submitted its confidential report to the President on March 31, 2005. [ICTJ 2005]

 
LATEST UPDATE

January 2008: During its period of operation there had consistently been criticisms of the Ad Hoc Commission’s work, and in particular its limited investigative powers and the government’s limited engagement with issues of accountability.

On August 15, 2005, the government published its “Charter for Peace and National Reconciliation" (in French), which included proposals for an amnesty for rebels, as well as possible compensation for families of the disappeared. The Charter was accepted by the majority of Algerians in a referendum held on September 29, 2005 .

In February 2006, the Decree Implementing the Charter for Peace and National Reconciliation was approved, which allows for a blanket amnesty to security forces and widens previous amnesty provisions contained in the 1999 Civil Harmony Law.

To date, 2640 families have received compensation totalling $37m, but compensation was only awarded with the presentation of a death certificate which many are reluctant to obtain while they remain in the dark over the fate of their loved ones. Therefore many of the victims argue that it is not enough, and that the government is simply trying to bribe them into giving up their quest for information and prosecution of those responsible. Farouk Ksentini, president of the state's National Commission for the Protection and Promotion of Human Rights, has claimed that, since "the period during which the disappearances happened was a period of complete anarchy", "we have no archives, no witness accounts, we have nothing", but this argument fails to convince both the victims' families and international human rights organisations. [Algeria Watch]

The Charter has been criticised for its specificity in its proposals as well as its promotion of impunity. [see ICTJ] The Charter left to the President's discretion detailed implementation of matters such as indemnities to victims of terrorism and their families, compensation for material damages, the future of the rural militias formed by the military, the possible reintegration of those dismissed from work on political grounds, and the extent to which insurgents who escaped abroad would be pardoned.

The six-month period of amnesty, during which time perpetrators could apply for full amnesty for more minor crimes, and the reduction of sentences for those who committed murder, rape or public bombings, on the condition that they give up arms, has now come to an end. Commentators say that although the amnesty has diminished the threat of an Islamist coup, the terrorist threat remains.  

 

 
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