CCPR/C/86/992/2001 page 5 decision does not indicate the reasons for her husband’s arrest, nor does it clarify what steps, if any, were taken pursuant to her complaint of 20 January 1996, such as investigating the actions of the Territorial Centre. 2.7 On 10 December 1998 the National Observatory for Human Rights informed the author that, according to information received from the security services, Mr. Saker had been kidnapped by a non-identified armed group while in the custody of the Territorial Centre, and that the authorities did not have any other information as to his whereabouts. The letter from the Observatory does not clarify the grounds on which her husband was arrested and detained. The author understood the letter as informing her of her husband’s death. 2.8 Lastly, the author states, on the one hand, that she has not been informed of either her husband’s fate or his whereabouts and, on the other, that he underwent prolonged incommunicado detention; these allegations could raise issues under article 7 of the Covenant. The complaint 3.1 The author claims that Mr. Saker is a victim of a violation of articles 2, paragraph 3; 6, paragraph 1; 9, paragraphs 1, 3 and 4; 10, paragraph 1; and 14, paragraph 3, of the Covenant, in view of his alleged arbitrary arrest and detention; because the Algerian authorities did not conduct a thorough and in-depth investigation; nor instigate any proceedings, despite the author’s numerous requests. The author’s husband was not promptly brought before a judge, nor was he granted contact with his family, nor was he granted rights associated with detention (in particular access to a lawyer, the right to be informed promptly of the reasons for his arrest, and trial without undue delay). The author also claims that the authorities failed to protect Mr. Saker’s right to life. 3.2 The author claims to have exhausted all domestic remedies: remedies before judicial authorities, before independent administrative bodies responsible for human rights (the Ombudsman and the National Observatory for Human Rights), as well as the highest State authorities. She argues that her request for an investigation into the arrest, detention and disappearance of her husband was not acceded to. She claims that the judicial remedies which she initiated are manifestly unavailable and ineffective as, to her knowledge, no steps have been taken against the security services (police or Territorial Centre), which in her view are responsible for the arrest and disappearance of her husband. The author claims that the scarce responses and information she has received from the authorities aim to further delay the legal proceedings. The State party’s submission on the admissibility and merits of the communication and author’s comments 4.1 By note verbale of 31 January 2002, the State party contests the admissibility of the communication for non-exhaustion of domestic remedies. Of the various bodies seized by the author, only the Director of Public Prosecutions of the Tribunal of Constantine has the power to open a preliminary inquiry and to refer the case to the competent judicial authority, namely the investigating magistrate (juge d’instruction). The author, in having done so, has availed herself of only one of three remedies which Algerian law provides for in such circumstances.