CCPR/C/112/D/1970/2010
missing during the war, … urgently and without further delay and no later than 30 days
from the date of the receipt of the decision”. The Court also ordered “the parties referred to
in article 15 of the Law on Missing Persons” to provide for operational functioning of the
institutions established in accordance with the Law on Missing Persons, namely the
Missing Persons Institute, the Fund for Support to the Families of Missing Persons in
Bosnia and Herzegovina and the Central Records of Missing Persons in Bosnia and
Herzegovina immediately and without further delay, and no later than 30 days from the
court order. The competent authorities were requested to submit information within six
months to the Constitutional Court about the measures taken to implement the decision of
the latter. The decision of the Constitutional Court was notified to the parties on 16 March
2006.
2.11 The Constitutional Court did not adopt a decision on the issue of compensation,
considering that it was covered by the provisions of the Law on Missing Persons
concerning “financial support” and by the establishment of the Fund for Support to the
Families of Missing Persons. The authors argue that the dispositions on financial support
have not been implemented and that the fund has still not been established.
2.12 The time limits set forth by the Constitutional Court in its decision expired and the
relevant institutions did not provide any information on the fate and whereabouts of the
victims, nor did they submit to the Court any information on the measures taken to
implement its decision. On 18 November 2006, the Constitutional Court adopted a ruling,
in which it declared that the Council of Ministers of Bosnia and Herzegovina, the
Government of Republika Srpska, the Government of the Federation of Bosnia and
Herzegovina and the Government of Brčko District had failed to enforce its decision of 23
February 2006. Furthermore, the Prosecutor’s Office of Bosnia and Herzegovina had failed
to take any measure to criminally prosecute those who had not enforced the decision of the
Constitutional Court.
2.13 The ruling adopted by the Constitutional Court on 18 November 2006, on the failure
of the Bosnian authorities to enforce the decision of 23 February 2006, is final and binding.
The authors therefore have no other effective remedy to exhaust. Sinan Kožljak actively
supported all the search activities and the submission of complaints by his mother. In order
not to create confusion or submit overlapping complaints, the authors decided that Emina
Kožljak would be the only person to represent the family and formally submit complaints to
the relevant authorities.
2.14 Since 1992, Emina Kožljak and Sinan Kožljak have undergone deep and severe
psychological stress, trying to cope with the uncertainty over the fate and whereabouts of
Ramiz Kožljak. They have indefatigably applied over the last 18 years to various official
authorities with enquiries, but they have never received any plausible information. The
authors have continuous feelings of frustration, suffering, distress and anguish.
The complaint
3.1
The authors base their complaint on the multi-offensive nature of enforced
disappearance. In particular, they consider that the disappearance of their husband and
father amounts to a violation of articles 6, 7, 9 and 16, read in conjunction with article 2,
paragraph 3, of the Covenant. In that regard, they refer to (a) the lack of information about
the causes and circumstances of the disappearance of their relative; (b) the failure of the
national authorities to conduct an ex officio, prompt, impartial, thorough and independent
investigation into his arbitrary arrest, and subsequent enforced disappearance; (c) the failure
to identify, prosecute and sanction those responsible; and (d) the failure to provide an
effective remedy to his family.
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