CCPR/C/114/D/2143/2012
7.6
On 29 January 2013, Ms. Dovadžija requested that the Ministry of Justice and
Administration of the Canton of Sarajevo conduct an inspection of the work of the
Department, given the non-implementation of the decision of the Cantonal Court of
Sarajevo. On 20 February 2013, the Cantonal Ministry of Justice and Administration
responded that the acting officer of the Department had requested that the Federal Ministry
for Veterans deliver a revised report on the circumstances of the disappearance of Mr.
Dovadžija. It also suggested that Ms. Dovadžija refer the matter to the Federal
Administrative Inspection so that it could order the Federal Ministry for Veterans to act. On
7 March 2013, the Department received an information note from the Federal Ministry for
Veterans. On 8 March 2013, it rejected Ms. Dovadžija’s claim for a family pension. On 28
March 2013, Ms. Dovadžija appealed that ruling. The proceedings were pending at the time
of the authors’ submission.
7.7
To date, the fate and whereabouts of Mr. Dovadžija remain unknown. The authors
consider that the authorities of Bosnia and Herzegovina have not adopted effective
measures to establish the truth about the events, to identify, judge and punish those
responsible, or to provide adequate compensation and comprehensive reparation to the
family of Mr. Dovadžija. In the meantime, Sakiba Dovadžija’s mental and physical state is
rapidly deteriorating and she is living in extremely precarious conditions.
State party’s further observations
8.1
In a letter dated 19 April 2013, the State party noted that the appeal presented by
Sakiba Dovadžija against the decision of the Department for Veterans and Persons with
Disabilities, Social Welfare and Displaced Persons of Illijaš Municipality had been rejected
by the Federal Ministry for Veterans and Disabled Veterans of the War of Defence and
Liberation. The Department considered the appeal unfounded because Ms. Dovadžija’s
husband was found to have been a member of the army of Bosnia and Herzegovina from 13
July 1992 to 15 July 1992, when he deserted the armed forces with no intention of
returning;17 that he disappeared in those circumstances; and that his family was therefore
not entitled to any pension or allowance from the Department.
8.2
On 4 April 2014, the State party indicated that the High Judicial and Prosecutorial
Council of Bosnia and Herzegovina had recruited five more prosecutors to speed up the
process of resolving war crimes cases, and that there was no change in the status of
Mr. Dovadžija, who was still registered as a missing person. It also indicated that, on 13
March 2014, the Cantonal Court in Sarajevo had accepted Ms. Dovadžija’s appeal against
the decision of the Department for Veterans of Illijaš Municipality and had ordered new
proceedings.
8.3
In a letter dated 14 March 2014, the Municipality of Illijaš stated that it had found
out that Sakiba Dovadžija had filed an administrative claim before the Cantonal Court in
Sarajevo regarding her husband’s status as a veteran. The proceeding was ongoing, but the
Court pointed out that it did not have jurisdiction to investigate the circumstances of the
disappearance, as that was an issue addressed by the Group for Conscription Records
within the Federal Ministry for Veterans and Disabled Veterans of the War of Defence and
Liberation.
17
The authors provide a document stating that Salih Dovadžija joined the army on 15 April 1992 (see
para. 2.1 above) and they argue that he remained attached to the army until his disappearance in
October 1992, as is clear from the testimony of eyewitnesses.
13