CCPR/C/115/D/2048/2011 5.4 The authors stated that, at the time of submitting their comments, neither they nor the eyewitnesses to the events that led to Ermin Kadirić’s arbitrary deprivation of liberty, ill-treatment and arbitrary killing and the subsequent removal and concealment of his mortal remains had been contacted by the personnel of the MPI regional office in Istočno or the field office in Sarajevo to which the State party referred, while they contended that they would be able to provide those authorities with information that could be relevant to locating him.16 They pointed out that the State party’s observations provided general references to the existence of a mass grave supposedly containing the mortal remains of 15 persons in Rizvanovići and lacked precise information as to where their relative’s remains could be. Should MPI have reliable information indicating that the mortal remains of Ermin Kadirić could be at this site, the authors should be informed accordingly without delay and they should be associated with the whole process of location, exhumation and identification of the remains. 5.5 The authors further argued that the high number of war crimes still requiring investigation did not relieve the State party from its responsibility to conduct a prompt and thorough investigation into cases of gross human rights violations or from regularly informing the relatives of the victims of the progress and results of those investigations. Although the authors reported Ermin Kadirić’s arbitrary deprivation of liberty, ill-treatment and arbitrary killing and the subsequent removal and concealment of the mortal remains to various authorities, it appeared from the State party’s observations that the case had not been assigned a file number, although the Prosecutor’s Office recognized that it might be related to the investigations that it was carrying out into two cases (see para. 4.3 above). 5.6 The authors considered that the implementation of the National Strategy for War Crimes Processing had been deficient and could not be used by the State party as a sufficient response concerning the lack of information on the progress and results of the investigations carried out, nor could it justify the inactivity of the authorities concerned. The adoption of the Transitional Justice Strategy could not replace access to justice and redress for the victims of gross human rights violations and their relatives. 5.7 The authors pointed out that, several years after the Law on Missing Persons had entered into force, some of its crucial provisions, including those concerning the establishment of the Fund for Support to the Families of Missing Persons in Bosnia and Herzegovina, had not been implemented. Furthermore, a number of international institutions had noted that the establishment of such a fund would not be enough to guarantee complete and adequate reparation to the relatives of missing persons.17 5.8 The authors informed the Committee that, on 22 March 2011, Dino Kadirić had received a letter from the Constitutional Court informing him that, on 27 March 2009, it had adopted a document providing information on the enforcement of the Court decisions during the period from 1 January to 31 December 2008, in which the Court had determined that the decision adopted in his case of 13 May 2008 (see para. 2.10 above) was to be considered enforced. On 13 April 2011, he had requested from the Constitutional Court a copy of the said decision and argued that it had not actually been implemented. On 19 April 2011, the Court had provided a copy of the document, but did not provide any argument to justify why it considered the decision of 13 May 2008 to be enforced. 5.9 The Republika Srpska Operative Team for Tracing Missing Persons had contacted Dino Kadirić concerning his request for information as to the implementation of the 16 17 The authors refer to A/HRC/AC/6/2, paras. 53, 56 and 80-97, and to the general comment of the Working Group on Enforced or Involuntary Disappearances on the right to the truth in relation to enforced disappearance (para. 4), contained in A/HRC/16/48, para. 39. The authors refer to A/HRC/16/48/Add.1, paras. 39-48. 11

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