CCPR/C/114/D/2143/2012 five years from the exhaustion of domestic remedies has not elapsed in the present case. Moreover, taking into account the continuous nature of enforced disappearances, the authors consider that rule 96 (c) rule should not be applied in such cases. The authors submit that, even though the events took place before the entry into force of the Optional Protocol for the State party, enforced disappearances of persons are per se a continuing violation of several human rights. State party’s observations on admissibility and on the merits 4.1 In its observations dated 6 June 2012, the State party submitted copies of 10 letters from State agencies and entities.13 According to the letter from the Ministry of Justice dated 9 May 2012, after ratification of the General Framework Agreement for Peace in Bosnia and Herzegovina and the Annexes thereto in 1995, the authorities of Bosnia and Herzegovina made efforts to find an effective and equitable way to dispose of thousands of war crimes indictments. Along with the establishment of the legal framework for war crimes prosecution, the Court of Bosnia and Herzegovina and the Prosecutor’s Office were set up with exclusive jurisdiction over war crimes cases. Any report of war crimes received by other prosecutors or courts was to be submitted to the Prosecutor’s Office for consideration and review in accordance with established criteria. Thus, considering how serious a case was, the Court might transfer the proceedings to another court on the territory where the crime was committed. Owing to the large number of war crimes, on 29 December 2008, the Council of Ministers adopted the National War Crimes Prosecution Strategy. One of the goals of the Strategy was to finish prosecuting individuals allegedly involved in the most complex war crimes cases in 7 years and prosecution of individuals allegedly involved in other war crimes in 15 years from the adoption of the Strategy. At the proposal of the Ministry of Justice, the Council of Ministers established a supervisory body to monitor the implementation of the Strategy. The Ministry of Justice concluded that the authorities of Bosnia and Herzegovina were taking significant steps in the prosecution of individuals allegedly involved in war crimes and resolving the fate of the missing persons. However, considering the large number of applicants, the process could not end quickly. 4.2 In a letter dated 10 May 1992, the Court of Bosnia and Herzegovina indicated that the authors of the communication had not submitted a complaint to the Court and that they were not registered in the records of the Department for Witness Support. Similarly, the High Judicial and Prosecutorial Council, in a letter dated 8 May 2012, noted that it had no legal obligation or authority to keep records and provide information that would enable it to reply to the allegations presented in the communication. In a letter dated 17 May 2012, the Ministry of Defence indicated that it did not have any information on the case of Salih Dovadžija; and in a letter dated 10 May 1992, the Ministry of Security indicated that the State Investigation and Protection Agency had not intervened in his case. 4.3 According to a letter dated 10 May 2012 from the Prosecutor’s Office of Bosnia and Herzegovina, the Special War Crimes Department was investigating a number of persons for their possible participation in the planning and organization of the enforced relocation of thousands of non-Serb civilians; forming, organizing and operating camps and prisons in the municipalities of Hadžići, Ilídža and Vogošća in which they imprisoned non-Serb civilians and deciding their fate. The suspects were charged with direct and command 13 The letters were from the following: Ministry of Justice; Ministry of Defence; Court of Bosnia and Herzegovina; High Judicial and Prosecutorial Council of Bosnia and Herzegovina; Prosecutor’s Office of Bosnia and Herzegovina; State Investigation and Protection Agency within the Ministry of Security; Missing Persons Institute; Federal Ministry of Labour and Social Policy; Ministry of Labour, Social Policy, Displaced Persons and Refugees of the Canton of Sarajevo; and Mayor of Novo Sarajevo. 9

Select target paragraph3