11 June 2013

Algeria: 18 years after her disappearance, where is Dhahbia Bouaicha?

Today, 11 June 2013, marks the anniversary of Dhahbia Bouaicha's disappearance. Exactly 18 years ago, this 51 year-old mother was abducted by military officers at her sister's house, in Setif, East Algeria. Since this day, her children remain unaware of her whereabouts.
Dhahbia Bouaicha used to live in Rafsa, Salah Bey, in Setif wilaya. On the morning of 11 June 1995, she was visiting her sister when soldiers from Ain Oulmane's barracks (Setif) accompanied by a number of gendarmes came to inform her that he son Farid Benhalal was transferred to Ain Oulmane hospital for his injuries. They told her he was under arrest for belonging to an armed group. The officers then forced her to come with them.

Having heard no news from her after her arrest, Mrs Bouaicha's son and mother, Mr Hafedh Benhlal and Mrs Taous Belfatmi, who witnessed the arrest, went to Ain Oulmane tribunal to ask about her. The judicial authorities refused to register their complaint and said they did not know anything about Mrs Bouaicha's whereabouts. The family went to all prisons in the region to look for her, as many families of the disappeared did at the time, but none of the detention centers' authorities recognized detaining her.

About six months after Mrs Bouaicha's arrest, a group of former detainees from the Ain Oulmane prison told the family that they had seen Dhahbia in the Setif military sector. According to them, some were released, others were "disappeared".

Eighteen years after her disappearance, her children do not know if they will see their mother again.

From 1993 to 1998, between 8,000 and 20,000 people were arrested or abducted by all branches of the Algerian security services and by state militias following the coup of 11 January 1992. To date, the perpetrators of these violations remain unaccountable for their acts; many of them, and in particular high ranking army officers, were even promoted to the rank of General or General-Major by President Bouteflika.

Since the promulgation of the 2006 decree implementing the Charter for Peace and Reconciliation, any complaint regarding these violations is illegal.

On 6 June 2013, Alkarama submitted Dhahbia Bouaicha's case to the UN Working Group on Enforced Disappearances.

Mauritania - HR Instruments

International Covenant on Civil and Political Rights (ICCPR)

ICCPR: Accessed on 17.11.2004
Optional Protocol: No

State report: Due on 01.11.2017 (2nd)
Last concluding observations: 20.11.2013

Convention against Torture (CAT)

CAT: Accessed on 17.11.2004
Optional Protocol: Yes
Art. 20 (Confidential inquiry): No
Art. 22 (Individual communications): No

State report: Due on 31.05.2017 (2nd)
Last concluding observations: 18.06.2013

International Convention for the Protection of all Persons from Enforced Disappearance (CED)

CED: Ratified on 03.10.2012
Art. 33 (Inquiry procedure): Yes

State report: Overdue since 03.11.2014
Last concluding observations: N/A

Universal Periodic Review (UPR)

Last review: 11.2010 (1st cycle)
Next review: 2015 (2nd cycle)

National Human Rights Institution (NHRI)

Commission Nationale des Droits de l'Homme (CNDH) – Status A

Last review: 05.2011
Next review: 2016