OPINION No. 7/2000 (ALGERIA)

Communication addressed to the Government on 12 April 1997

Concerning Rachid Mesli

The State is a party to the International Covenant on Civil and Political Rights

1. The Working Group on Arbitrary Detention was established by resolution 1991/42 of the Commission on Human Rights, which extended and clarified its mandate in resolution 1997/50 and reconfirmed it in resolution 2000/36. In accordance with its methods of work, the Working Group transmitted the above-mentioned communication to the Government.

2. In opinion No. 20/1999 of 16 September 1999, the Working Group decided, in accordance with paragraph 17 (d) of its methods of work, to shelve the case of Mr. Rachid Mesli provisionally, since it was not able to obtain sufficient information on the case, in particular whether any contacts Mr. Mesli might have had with persons suspected of belonging to armed groups had been in his capacity as defender of individuals detained, persecuted or illegally confined, or in that of a member of, or collaborator with, such groups.

3. Referring to document E/CN.4/2000/4, the Working Group’s report to the fifty-sixth session of the Commission on Human Rights, which contained the above-mentioned opinion, the Government of Algeria, in a letter dated 10 March 2000, informed the Working Group that, owing to clemency measures taken by the President of the Republic on 5 July 1999, Mr. Mesli had been released.

4. Consequently, without expressing an opinion on the arbitrary nature of the detention of Mr. Rachid Mesli, and in accordance with paragraph 14 (a) of its methods of work, the Working Group decides to shelve the case of Mr. Rachid Mesli.

Adopted on 17 May 2000
E/CN.4/2001/14/Add.1