CCPR/C/112/D/1970/2010
any further delay, and requesting to be kept regularly informed about the status and results
of the identification process. No formal reply had been received as of the date of the
authors’ submission. The authors further recall that their access to a pension depends upon
their recognizing their missing relative as dead, causing them additional suffering, and
which they characterize as amounting to a violation of article 7, read both alone and in
conjunction with article 2, paragraph 3, of the Covenant.
7.4
The authors reiterate that no investigation has been initiated by the State party into
the illegal detention, enforced disappearance and possible arbitrary execution of Ramiz
Kožljak, his remains have not been located and returned to his family, nor have the authors
received any compensation for the harm suffered. They observe that the judgement, issued
on 15 December 2006 by the State Court of Bosnia Herzegovina regarding other crimes
against humanity committed in the vicinity of Vogošća, cannot be considered as a verdict
applicable to the enforced disappearance of Ramiz Kožljak, because the defendant was
never charged or convicted for crimes committed in Tihovići. The authors further argue that
the ongoing criminal proceedings against another defendant cannot be considered relevant
in their case, insofar as they have not been formally notified of any charge against that
defendant for the crimes committed in Tihovići and, to date, no one has been investigated,
judged or sanctioned for those crimes.
Issues and proceedings before the Committee
Consideration of admissibility
8.1
Before considering any claim contained in a communication, the Committee must, in
accordance with rule 93 of its rules of procedure, decide whether the case is admissible
under the Optional Protocol.
8.2
The Committee has ascertained, as required under article 5, paragraph 2, of the
Optional Protocol, that the same matter is not being examined under another procedure of
international investigation or settlement and that the authors have exhausted all available
domestic remedies.
8.3
With regard to the authors’ allegations under article 7, read alone and in conjunction
with article 2, paragraph 3, of the Covenant, with regard to the request that they declare
Ramiz Kožljak dead as part of the application for a pension, the Committee notes the
authors’ statements that a pension was in fact granted to Emina Kožljak, despite the
absence of such a declaration, and that she had been receiving similar assistance since
1993. The Committee considers that the authors’ allegations in that respect are
insufficiently substantiated for purposes of admissibility and thus inadmissible under
article 2 of the Optional Protocol.
8.4
The Committee notes that the State party has not challenged the admissibility of the
communication and that the authors’ other allegations regarding violations of articles 6, 7, 9
and 16, read in conjunction with article 2, paragraph 3, of the Covenant, and article 7, read
alone, have been sufficiently substantiated for the purposes of admissibility. The
Committee therefore declares those claims admissible and proceeds to its examination on
the merits.
Consideration of the merits
9.1
The Committee has considered the case in the light of all the information made
available to it by the parties, as provided under article 5, paragraph 1, of the Optional
Protocol.
9.2
The authors claim that Ramiz Kožljak has been a victim of enforced disappearance
since his presumed illegal arrest by the JNA on 4 July 1992, and that despite the numerous
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