CCPR/C/114/D/2143/2012 Appendix I Individual opinion of Committee member Anja Seibert-Fohr, joined by Committee member Sir Nigel Rodley (concurring) I concur with the Committee’s conclusion on this communication and refer to my individual opinion in Ičić v. Bosnia and Herzegovina.a In the present case, the Committee again has defensibly chosen not to examine separately the allegations under articles 10 and 16, read in conjunction with article 2 (3) of the Covenant. I would like to address these claims because in my opinion they have not been substantiated. The authors of the communication do not allege that the enforced disappearance of Mr. Dovadžija was attributable to Bosnia and Herzegovina, but rather to armed forces that opposed it. These forces were not acting on behalf of a State as an entity that can recognize persons under the law or deny such recognition. It is difficult to see how actors who are not agents of a State, acting without collusion by that State, could themselves negate the recognition by that State of a victim as a person before the law. Without a further basis for connecting the State party to the disappearance, the authors have not substantiated a violation of article 16, which is a necessary precondition for the claimed respective right to an effective remedy. b Neither have the authors substantiated their claim with respect to article 10. The State’s obligations under article 10 concern the conditions of detention under their jurisdiction, not the forms of lawless deprivations of liberty by others without any link to the State.c Therefore, if the disappearance is not linked to the State, there is, without further substantiation, insufficient ground for finding a violation in connection with article 10. In support of this approach, I also refer to my separate opinion in Hamulić and Hodžić v. Bosnia and Herzegovina.d a b c d 18 See Ičić v. Bosnia and Herzegovina, communication No. 2028/2011, Views adopted on 30 March 2015, appendix I. See also Rizvanović and others v. Bosnia and Herzegovina, appendix. See Hamulić and Hodžić v. Bosnia and Herzegovina, communication No. 2022/2011, View adopted on 30 March 2015, appendix I, notes (a) and (b). See general comment No. 21 (1992) on the humane treatment of persons deprived of their liberty, para. 2. See Hamulić and Hodžić v. Bosnia and Herzegovina, appendix I, paras. 5-7.