CCPR/C/114/D/2143/2012
On 1 November 2011, she received a letter from the Cantonal Prosecutor’s Office in
Sarajevo requesting her to appear before it on 11 November 2011 as a witness in the case of
Trifko Radić and others.7
2.18 On 11 November 2011, Ms. Dovadžija went to the Cantonal Prosecutor’s Office.
While she expected to be questioned on events relating to Trifko Radić, she was
interrogated about her husband’s case. She was surprised and shocked, but once again
reported his enforced disappearance and the steps that had been taken over the years to
search for him. The Cantonal Prosecutor told Ms. Dovadžija that she would do “something”
about her husband’s case. Ms. Dovadžija signed the document containing her statement, but
was unable to obtain a copy of it. On 4 January 2012, she went to the Cantonal Prosecutor’s
Office to formally request a copy, but was told that she was not entitled to one. On 16
January 2012, Ms. Dovadžija wrote a letter reiterating her request. She finally received a
copy on 19 January 2012.
2.19 Since 1992, the authors of the communication have suffered from severe
psychological stress owing to the uncertainty surrounding the fate and whereabouts of
Mr. Dovadžija. The length of time and the apparent official indifference to their acute
anxiety have led to deep frustration and humiliation on their part. They have been unable to
find Mr. Dovadžija’s mortal remains and to mourn and bury him in accordance with their
religious beliefs and customs. The authors have applied over the past 20 years to various
official authorities, both in writing and in person. Despite their attempts, they have never
received any plausible information about what happened to Mr. Dovadžija. Most of the few
responses they received merely informed them that a tracing process had been initiated.
2.20 The suffering experienced over the past 20 years has particularly affected the
psychological state of Sakiba Dovadžija, who has been diagnosed with mixed dissociative
(conversion) disorders. Dalisa Dovadžija, who was a few months old when her father
disappeared, was forced to grow up without him and has not been able to mourn him
properly, which has affected her whole life.
The complaint
3.1
The authors maintain that Mr. Dovadžija was the victim of enforced disappearance
perpetrated by members of the Vojska Republike Srpske, that enforced disappearances
entail multiple offences and that his disappearance amounts to a violation of articles 6, 7, 9
and 16 read in conjunction with article 2 (3) of the Covenant. His fate and whereabouts
remain unknown since October 1992 and his disappearance occurred within the context of
widespread and systematic violence. The fact that he was last seen alive in the hands of
members of the Vojska Republike Srpske in life-threatening circumstances leads to the
conclusion that he was in a situation in which he faced a grave risk of suffering irreparable
damage to his personal integrity and life.
3.2
The authors argue that the failure by the State party to respect its positive obligation
to investigate, prosecute and punish those responsible for the disappearance of
Mr. Dovadžija amounts to a violation of articles 6, 7, 9, 10 and 16 read together with article
2 (3) of the Covenant. They refer to the report of an expert member of the Working Group
on Enforced or Involuntary Disappearances, which states that the primary responsibility for
carrying out those tasks remains with the authorities under whose jurisdiction a suspected
mass grave falls.8 The authors also argue that the State party has an obligation to conduct a
prompt, impartial, thorough and independent investigation into gross human rights
7
8
6
Case No. T090 0 KTRZ 0016155 95.
See para. 78 of the report on the special process on missing persons in the territory of the former
Yugoslavia (E/CN.4/1996/36).