CCPR/C/115/D/2048/2011 2.8 On 20 February 2007, the Public Facility Centre for Social Work in Sanski Most granted Dino Kadirić and his brother a monthly disability pension of 283 marka.7 The right to a monthly pension, starting on 1 September 2006, was awarded to them as civilian victims of the war (for the killing of their father). The authors claim that such a pension is a form of social assistance and cannot replace the adoption of adequate measures of reparation for the serious human rights violations suffered by their relative and by them. 2.9 On 4 March 2008, Dino Kadirić applied to the Human Rights Commission of the Constitutional Court of Bosnia and Herzegovina, claiming a violation of articles 3 (prohibition of torture) and 8 (right to respect for private and family life) of the European Convention on Human Rights, as well as of article II (3) (b) and (f) of the Constitution of Bosnia and Herzegovina. The Constitutional Court decided to join together several applications submitted by relatives of missing people, and to process them as a collective case. 2.10 On 13 May 2008, the Constitutional Court adopted a decision concluding that the applicants of the collective case were relieved from exhausting domestic remedies before ordinary courts, as “no specialized institution on enforced disappearance in Bosnia and Herzegovina seems to be operating effectively”. 8 The Court further found a violation of articles 3 and 8 of the European Convention, because of the lack of information on the fate of Ermin Kadirić. The Court ordered the Bosnian authorities concerned to provide “all accessible and available information on members of the applicants’ families who went missing during the war … urgently and without further delay and no later than 30 days from the date of the receipt of the decision”. The Court also ordered the authorities to ensure the operational functioning of the institutions established in accordance with the Law on Missing Persons, namely MPI, the Fund for Support to the Families of Missing Persons in Bosnia and Herzegovina and the Central Records of Missing Persons in Bosnia and Herzegovina. The competent authorities were requested to submit information within six months to the Constitutional Court about the measures taken to implement the decision. 2.11 The Constitutional Court did not adopt a decision on the issue of compensation, considering that it was covered by the provisions of the Law on Missing Persons concerning financial support and by the establishment of the above-mentioned Fund. However, the authors argue that the Law’s section on financial support has not been implemented and that the Fund has not been established. 2.12 On 23 September 2008, MPI informed Dino Kadirić that, in accordance with the Constitutional Court’s decision, it concluded that Ermin Kadirić had been reported missing person to MPI and ICRC; that it would take steps to find out the fate of his father’s body, in cooperation with the State Prosecutor’s Office, the Ministry of the Interior, district and cantonal courts and the security agencies. The authors claim that, as at the time of submitting their communication to the Committee, they had not received any further information from MPI. 2.13 On 30 September 2009, Dino Kadirić stopped receiving the monthly disability pension. On 27 November 2009, the authors filed two requests for compensation under the Law on the Right and Compensation for Pecuniary and Non-pecuniary Damages. At the time that the communication was submitted to the Committee, no decision had been issued by the authorities. The authors claim that, even if some compensation were to eventually be awarded to them, that cannot be considered as a form of integral reparation. 7 8 According to the authors, this is equivalent to 143 euros. The authors refer to the Constitutional Court’s judgement concerning M.H. and others (case No. AP129/04), 27 May 2005, paras. 37-40, referred to in the judgement concerning Fatima Hasić and others (case No. AP 95/07), 29 May 2008. 5