Enforced disappearance of Mr. Moussa Rahli_Fear of torture and other ill-treatment

Brief description of the situation

The International Secretariat of OMCT has been informed by a reliable source and Antenna International, a member organisation of the SOS-Torture Network, of the enforced disappearance of Mr. Moussa Rahli, 43 years old and resident in Ouled Aïssa (wilaya of Boumerdes), since 17 March 2009. The OMCT fears that he may be tortured or subjected to ill-treatment.

According to the information received, on 17 March 2009, at 7pm, four plainclothes individuals entered Mr. Moussa Rahli’s house, and without introducing themselves, or showing any official documents, went directly to his room. When his father, Mr. Mohamed Rahli, asked them who they are, they have reportedly answered “We are the State”. Mr. Moussa Rahli was then arrested and taken into a car to an unknown location, under the pretext that he would be interrogated and later released.

According to the same information, following several requests at local commissariats, gendarmeries and military barracks, Mr. Mohamed Rahli lodged a complaint for disappearance at the gendarmerie of Sidi Daoud (wilaya of Boumerdes) on 21 March 2009. On 27 March 2009, the four individuals who had arrested Mr. Moussa Rahli reportedly came again to the family house in order to search the place. They would have seized Mr. Moussa Rahli’s car and ordered Mr. Mohamed Rahli to follow-up them at the military barracks of Ouled Aïssa, where he had to sign a statement indicating that the four agents had been authorised to search the house and seized the car. However, no information was reportedly given on the place and conditions of detention of Mr. Moussa Rahli.

The International Secretariat of OMCT is gravely concerned with regard to the enforced disappearance of Mr. Moussa Rahli and to the risks of torture and ill-treatment he faces. OMCT urges the Algerian authorities to immediately localise him while guaranteeing his physical and psychological integrity. OMCT recalls to Algeria that it is a State Party to the UN Convention against Torture and others Cruel, Inhuman or Degrading Treatment or Punishment that prohibits torture and ill-treatment. Furthermore, OMCT calls on the Algerian authorities to guarantee at all times the liberty of their citizens, in conformity to article 9.1 of the International Covenant on Civil and Political Rights, to which Algeria is a party, which specifies that «no one shall be subjected to arbitrary arrest or detention ».

Requested Action

Please write to the authorities in Algeria urging them to:

1. Take the necessary measures to locate Mr. Moussa Rahli;
2. Guarantee the physical and psychological integrity of Mr. Moussa Rahli, as well as immediate and unconditional access to legal representation of his choice, his family and adequate medical care if necessary;
3. Order the immediate release of Mr. Moussa Rahli in the absence of valid legal charges, and if such charges exist, ensure that he is given a prompt and fair trial, in which his procedural rights are guaranteed at all times;
4. Call upon the competent authorities to carry out a prompt,effective, thorough, independent and impartial investigation into these events, the result of which must be made public, in order to bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law;
5. Ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

• Mr. Abdelaziz Bouteflika, President of the Republic, El Mouradia-BP Alger Gare, Fax 00213 21 69 15 95, E-mail: HYPERLINK "mailto:President@el-mouradia.dz" \o "mailto:President@el-mouradia.dz" President@el-mouradia.dz
• Mr. Tayeb Belaiz, Minister of Justice, Ministry of Justice, 8 Place Bir-Hakem El-Biar, Alger, Algeria, Fax 00 213 21 92 17 01/ 29 56, E-mail: HYPERLINK "mailto:info@mjustice.dz" info@mjustice.dz
• H.E. Idriss Jazaïry, Ambassador, Permanent representative of Algeria to the UN in Geneva, Route de Lausanne 308, CH-1293, Bellevue, Switzerland, E-mail: mission.algerie@mission-algerie.ch, Fax: +4122 / 774.30.49

Please also write to the embassies of Algeria in your respective country.

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Geneva, 14 April 2009

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

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