CCPR/C/115/D/2048/2011
9.6
In the light of the above findings, the Committee will not examine separately the
authors’ allegations under article 24 (1), read in conjunction with article 2 (3), of the
Covenant.
10.
The Committee, acting under article 5 (4) of the Optional Protocol, is of the view
that the facts before it disclose a violation by the State party of articles 6, 7 and 9, read in
conjunction with article 2 (3), of the Covenant, with regard to Ermin Kadirić, and article 7,
read alone and in conjunction with article 2 (3), with regard to the authors.
11.
In accordance with article 2 (3) (a) of the Covenant, the State party is under an
obligation to provide the authors with an effective remedy. This requires it to make full
reparation to individuals whose Covenant rights have been violated. Accordingly, the State
party is obligated, inter alia: (a) to intensify its efforts to locate Ermin Kadirić’s remains, as
required by the Law on Missing Persons, and have its investigators contact the authors as
soon as possible to obtain from them information that could be helpful in the investigation;
(b) to strengthen its efforts to bring to justice those responsible for his arbitrary detention,
ill-treatment and extrajudicial execution and for the concealment of his remains, without
unnecessary delay, as required by the National Strategy for War Crimes Processing; (c) to
ensure that any psychological rehabilitation and medical care necessary is provided to the
authors for the psychological harm that they have suffered; and (d) to provide effective
reparation to the authors, including adequate compensation and appropriate measures of
satisfaction. The State party is also under an obligation to prevent similar violations in the
future and must ensure, in particular, that investigations into allegations of torture and
cruel, inhuman and degrading treatment, summary and arbitrary killings and enforced
disappearances and adequate measures of reparation are accessible to the families of
victims.
12.
Bearing in mind that, by becoming a party to the Optional Protocol, the State party
has recognized the competence of the Committee to determine whether there has been a
violation of the Covenant and that, pursuant to article 2 of the Covenant, the State party has
undertaken to ensure to all individuals within its territory and subject to its jurisdiction the
rights recognized in the Covenant and to provide an effective remedy when it has been
determined that a violation has occurred, the Committee wishes to receive from the State
party, within 180 days, information about the measures taken to give effect to the present
Views. The State party is also requested to publish the present Views and to have them
widely disseminated in all three official languages of the State party.
16
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