CEDAW/C/76/D/116/2017
monthly disability pension under the Law on the Protection of Victims of Torture in
Republika Srpska ranges from 130 marka to 400 marka).
6.6 On 30 April 2020, the author submitted another information note regarding a
development in her case. The author reiterates that there have been serious delays in the
investigation and prosecution of crimes committed during the conflict, and the goal of
completing the investigation and prosecution of the most complex cases by the end of
2015, in accordance with the national strategy for processing war crimes, has not been
achieved. Under a revised strategy, it has been proposed that a goal would be set to
ensure the prosecution of the most complex and highest priority war crimes cases before
the Court of Bosnia and Herzegovina and the Prosecutor’s Office of Bosnia and
Herzegovina by the end of 2023, but that revised strategy has not yet been adopted.
6.7 On 19 April 2017, the Constitutional Court of Bosnia and Herzegovina rejected
the complaint submitted by the author on 25 August 2016 regarding her application
for status as a civilian victim of armed conflict, declaring it unfounded and thus
inadmissible. The Court remarked that the applicant had failed to comply with the
applicable statutes of limitations under the Law on the Protection of Civilian Victims
of War in Republika Srpska and thus rejected all the complaints concerning alleged
violations.
6.8 On 6 March 2020, the author was granted her request to obtain health-care
benefits pursuant to the Law on the Protection of Victims of Torture in Republika
Srpska by a decision of the Department for the Protection of War Veterans and Persons
with Disabilities of Prijedor Municipality. The author notes, however, that this does
not represent a reparation measure for the suffering that she endured, as it is merely
allowing her to access the regular health-care system henceforth and does not
guarantee that she will obtain special medical and psychological support.
6.9 Even though she was recognized as a victim of conflict-related sexual violence
under the law of the Republika Srpska on 8 February 2019 and granted the right to
obtain health-care benefits on 6 March 2020, the author wishes to maintain her initial
allegations because her current legal status does not allow her to fully receive prompt,
fair and adequate compensation or adequate medical and psychological support.
Issues and proceedings before the Committee
Consideration of admissibility
7.1 In accordance with rule 64 of its rules of procedure, the Committee must decide
whether the communication is admissible under the Optional Protocol. Pursuant to
rule 72 (4), it is to do so before considering the merits of the commu nication.
7.2 The Committee notes the State party’s argument that the author’s claim
constitutes an actio popularis, since she challenges the legal system as a whole and
as it applies to others, rather than an individual violation, and that the communication
should be declared inadmissible on that ground. The Committee also notes that the
author considers that providing an explanation of the relevant legal framework does
not render her communication an actio popularis, especially since she explains how
she is personally and directly affected by the legislation. In that regard, the Committee
recalls that, under article 2 of the Optional Protocol, communications may be
submitted by individuals under the jurisdiction of a State party “claiming to be victims
of a violation of any of the rights set forth in the Convention by that State party” and
that a person can only be a victim in the sense that he or she is actually affected. 21
This means that no person may, in the abstract, by way of an actio popularis,
__________________
21
10/16
See Aumeeruddy-Cziffra et al. v. Mauritius (CCPR/C/12/D/35/1978), para. 9.2, and Dayras et al.
v. France, para. 10.5.
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