CCPR/C/112/D/1970/2010
went missing during the war, the remains of 23,000 persons have been found and 21,000
have been identified.
4.2
As regards the authors, the State party submits that a regional office was established
in Istočno, Sarajevo, as well as a field office and organizational units in Sarajevo. The State
party considers that those initiatives provide the conditions for faster and more efficient
processes to search for disappeared persons in the territory of Sarajevo. Their investigators
are on site every day to collect information on potential mass graves and to establish
contacts with witnesses. The State party further informs the Committee that the remains of
Ramiz Kožljak could perhaps be found in the area of Vogošća or in part of Centar
municipality, Sarajevo (Nahorevska brda). The State party specifies that since 1996,
135 victims have been found and exhumed and 120 missing persons identified, and it states
that the Missing Persons Institute, with the support of the appropriate authorities, will
continue to take all the necessary actions to find missing persons faster and to solve the
case of Ramiz Kožljak.
Authors’ comments on the State party’s observations
5.1
The authors submitted their comments on the State party’s observations on 23 May
2011. They refer to the general comment of the Working Group on Enforced or Involuntary
Disappearances on enforced disappearance as a continuous crime (A/HRC/16/48, para. 39).
They consider that the State party’s observations do not object to the admissibility of the
communication and substantially acknowledge on the merits the allegations formulated
therein. The authors further consider that those observations corroborate the allegation that
Ramiz Kožljak remains registered as an “unaccounted for” missing person, and state that no
match has been found through the online inquiry tool set up by the International
Commission on Missing Persons. The tracing process is therefore still open under the
responsibility of the Bosnian authorities.
5.2
The authors state that, so far, none of them and none of the eyewitnesses of the
events that led to the enforced disappearance of Ramiz Kožljak, have been contacted by the
personnel of the regional office of Istočno or the field office in Sarajevo referred to by the
State party, while they consider that they would be able to provide those authorities with
information that could be relevant to locating him.11 Instead, the authors contend that they
were never informed that the remains of Ramiz Kožljak could be located in Centar
municipality (Nahorevska brda) before the observations of the State party were submitted
to the Human Rights Committee. The authors rather consider that the remains of Ramiz
Kožljak are probably located in the area known as Tihovići. They argue that they should be
associated with the processes of exhumation and identification that are under way. On
25 April 2011, Emina Kožljak sent a letter to the Missing Persons Institute referring to the
information contained in the observations of the State party. She never received any reply
to that letter.
5.3
The authors contend that, six years after they filed the original complaint for the
kidnapping of 98 people (including Ramiz Kožljak) with the police, they had still received
no feedback on whether an investigation was being carried out and whether their case had
been given a specific number. In the light thereof, Ema Čekić, in her capacity as President
of the Association of Relatives of Missing Persons from Vogošća, wrote a letter to the
Missing Persons Institute to inquire as to the state of the related investigation. On 29 April
2011, she received a reply from the Cantonal Prosecutor’s Office stating that, after
11
8
The authors refer to A/HRC/AC/6/2, paras. 53, 56 and 80–97; and to the general comment of the
Working Group on Enforced or Involuntary Disappearances on the right to the truth in relation to
enforced disappearance, para. 4.