CCPR/C/112/D/1970/2010
2006, the Constitutional Court held that the authorities of the State party had violated the
rights of the authors by failing to take effective measures to investigate the fate and
whereabouts of their relatives, and in November 2006, it held that those authorities had
failed to enforce its decision. The State party describes its efforts to search for the remains
of Ramiz Kožljak, but does not identify any steps taken to pursue the investigation by other
means, such as interviewing possible witnesses. The Committee further notes that the
limited information that the family managed to obtain throughout the proceedings was only
provided to them at their own request, or after very long delays, a fact that has not been
refuted by the State party. The Committee considers that the authorities investigating
enforced disappearances must give the families a timely opportunity to contribute their
knowledge to the investigation and that information regarding the progress of the
investigation must be made promptly accessible to the families. It also takes note of the
anguish and distress caused to the authors by the continuing uncertainty resulting from the
disappearance of their husband and father. The Committee concludes that the facts before it
reveal a violation of articles 6, 7 and 9, read in conjunction with article 2, paragraph 3, of
the Covenant, with regard to the victim, and article 7, read in conjunction with article 2,
paragraph 3, of the Covenant, with regard to the authors.
9.7
In the light of the above findings, the Committee will not examine separately the
authors’ allegations under articles 16, read in conjunction with article 2, paragraph 3, of the
Covenant.16
10.
The Human Rights Committee, acting under article 5, paragraph 4, of the Optional
Protocol to the International Covenant on Civil and Political Rights, is of the view that the
State party has violated articles 6, 7 and 9, read in conjunction with article 2, paragraph 3,
of the Covenant, with regard to Ramiz Kožljak; and article 7, read in conjunction with
article 2, paragraph 3, with regard to the authors.
11.
In accordance with article 2, paragraph 3, of the Covenant, the State party is under
an obligation to provide the authors with an effective remedy, including (a) continuing its
efforts to establish the fate or whereabouts of Ramiz Kožljak, as required by the Law on
Missing Persons of 2004, and having its investigators contact the authors as soon as
possible to obtain the information that they can contribute to the investigation; (b)
continuing its efforts to bring to justice those responsible for his disappearance without
unnecessary delay, as required by the national war crimes strategy; and (c) ensuring
adequate compensation for the authors. The State party is also under an obligation to
prevent similar violations in the future and must ensure, in particular, that investigations
into allegations of enforced disappearances are accessible to the families of missing
persons.
12.
Bearing in mind that, by becoming a party to the Optional Protocol, the State party
has recognized the competence of the Committee to determine whether there has been a
violation of the Covenant and that, pursuant to article 2 of the Covenant, the State party has
undertaken to ensure to all individuals within its territory and subject to its jurisdiction the
rights recognized in the Covenant, and to provide an effective remedy when it has been
determined that a violation has occurred, the Committee wishes to receive from the State
party, within 180 days, information about the measures taken to give effect to the present
Views. The State party is also requested to publish the present Views and to have them
widely disseminated in all three official languages of the State party.
16
Ibid., para. 9.7.
13