Примеры использования Medjnoune на Английском языке и их переводы на Русский язык
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Malik Medjnoune the author's son.
The State party explains that, while awaiting trial, the accused may at any time submit a request for provisional release to the indictments division,which Mr. Medjnoune has done.
Submitted by: Ali Medjnoune represented by counsel, Rachid Mesli.
The fact that the alleged victim was held incommunicado for a period of 40 days was considered to be a breach of such provision.The Committee reached a similar conclusion in case No. 1297/2004 Medjnoune v. Algeria.
The Committee notes that Mr. Medjnoune is still in detention and is still awaiting trial.
On 1 and 3 February 2006, counsel for the author provided a copy of the latest ruling of the Tizi-Ouzou indictments division, handed down on 19 September 2005 and again denying Malik Medjnoune provisional release after more than six years' pretrial detention.
In case No. 1297/2004(Medjnoune v. Algeria), the Committee examined a claim of incommunicado detention.
Having concluded its consideration of communication No. 1297/2004,submitted to the Human Rights Committee on behalf of Mr. Malik Medjnoune under the Optional Protocol to the International Covenant on Civil and Political Rights.
Malik Medjnoune moved beyond that stage with the issuance of the 10 December 2000 order committing him for trial in the criminal court.
The information before the Committee shows that Malik Medjnoune was taken away by agents of the State party who were outside his house looking for him.
After inquiries lasting several months, and partly on the basis of information provided by a former terrorist turned State's evidence, a number of people were arrested and brought before the courts,including Malik Medjnoune, who was charged with murder and membership of a terrorist organization.
The prosecutor refused to bring Mr. Medjnoune before an examining magistrate, instead sending him back to the security services.
As to Malik Medjnoune's ongoing detention, counsel points out that the State party acknowledges that the investigation into the case ended on 2 December 2000 and that the trial date was set for 5 May 2001,yet claims that Mr. Medjnoune has not been in provisional detention since 10 December 2000.
The Committee addressed similar questions in a third recent case, Medjnoune v. Algeria, and found violations of articles 7 and 9 in relation to the author's son.
In case No. 1297/2004(Medjnoune v. Algeria), the Committee noted that the author was still awaiting trial nearly seven years after the start of the inquiry and more than five years after the first committal order.
With regard to the allegations under article 7,counsel states that there can be no question that Mr. Medjnoune was abducted by the Algerian security services on 28 September 1999, held incommunicado and tortured.
The author claims that Malik Medjnoune is the victim of a violation of articles 7; 9, paragraphs 1, 2 and 3; 10, paragraph 1; and 14, paragraphs 3(a),(c) and(e), of the International Covenant on Civil and Political Rights.
It also notes counsel's claim that Mr. Medjnoune was not promptly informed of the reasons for his arrest and that the State party has not refuted this claim.
Mr. Medjnoune was sentenced to a prison term covering his pretrial detention, in the absence, according to counsel, of any convincing evidence and despite the fact that the civil parties had revoked their claims and that witnesses had officially testified that Mr. Medjnoune was not involved in the crime for which he was charged.
On 19 August 2011, the author's counsel informed the Committee that on 18 July 2011, Mr. Medjnoune's trial had finally taken place; the preliminary investigation had been completed in 2000 andthus Mr. Medjnoune had been kept in pretrial detention for more than 11 years.
In case No. 1297/2004(Medjnoune v. Algeria), the Committee found violations of article 9, paragraph 2, and article 14, paragraph 3(a), since the author was held incommunicado and not informed of the reasons for his arrest for 218 days.
In accordance with article 2, paragraph 3, of the Covenant, the State party is under an obligation to provide an effective remedy,which includes bringing Malik Medjnoune immediately before a judge to answer the charges against him or to release him, conducting a full and thorough investigation into the incommunicado detention and treatment suffered by Malik Medjnoune since 28 September 1999, and initiating criminal proceedings against the persons alleged to be responsible for those violations, in particular the ill-treatment.
In case No. 1297/2004(Medjnoune v. Algeria), involving violations of articles 7; 9, paragraphs 1, 2 and 3; and 14, paragraph 3(c), the Committee decided that the State party was under an obligation to provide the victim with an effective remedy, including a full and thorough investigation into the incommunicado detention and treatment suffered, and appropriate compensation.
Furthermore, if he meets the legal requirements, Mr. Medjnoune could avail himself of order No. 06-01 of 27 February 2006, on the implementation of the Peace and National Reconciliation Charter.
Referring to case No. 1297/2004(Medjnoune v. Algeria), she recommended that the Committee should persuade the State party, itself an outspoken member of the Human Rights Council, to give an indication of when the author would be tried.
In cases Nos. 992/2001(Bousroual v. Algeria),1297/2004(Medjnoune Malik v. Algeria) and 1439/2005(Aber v. Algeria), notes verbales had been sent to the State party in July 2011 requesting a meeting.
An effective remedy,which includes bringing Malik Medjnoune immediately before a judge to answer the charges against him or to release him, conducting a full and thorough investigation into the incommunicado detention and treatment suffered by Malik Medjnoune since 28 September 1999, and initiating criminal proceedings against the persons alleged to be responsible for those violations, in particular the ill-treatment.
Lastly, counsel points out that Mr. Medjnoune was held incommunicado in utterly inhuman conditions for nearly eight months, during which time he suffered torture and brutality of the worst kind.
There can thus be no reasonable doubt that Malik Medjnoune underwent torture and beatings while in incommunicado detention, this being a practice that is widespread in the State party and regularly reported by the Special Rapporteur and by human rights NGOs.