CCPR/C/119/D/2206/2012
in itself is not sufficient to find a breach of article 2 (3) of the Covenant in the
circumstances of the present communication. 10
7.4
The Committee notes in that regard the State party’s information that it has made
efforts to find effective ways to process the high number of war crimes cases. Notably, the
Constitutional Court has established that the authorities are responsible for investigating the
disappearance of Mrs. Lale and Mrs. Popović (see para. 2.15 above), and domestic
mechanisms have been set up to deal with enforced disappearances and other war crimes
cases (see paras. 4.1 and 4.5 above). The Committee also notes the State party’s
information that the Special Department for War Crimes within the Prosecutor’s Office has
initiated an investigation into alleged war crimes carried out against Serb civilians in the
wider Trnovo area during the conflict and that this investigation is likely to have bearing on
the case of the authors’ mothers, given that it refers to the disappearance of Serb civilians in
the wider territory of the municipality of Trnovo. The Committee notes that the
investigation is ongoing. The Committee further notes the State party’s argument that the
investigation into the disappearances of Mrs. Lale and Mrs. Popović meets the requirements
of efficiency, impartiality and independence, and that the Commission for Missing Persons
has given the authors all the information available on the case of their mothers.
7.5
However the Committee notes the authors’ claim that, at the time they filed their
communication, 20 years after the disappearance of their mothers, and 7 years after the
decision of the Constitutional Court of 13 July 2005, the investigative authorities have not
provided them with any relevant information regarding the investigation into the
disappearances of their mothers. On 6 February 2006, the authors applied to the Court and
requested it to adopt a ruling establishing that the authorities had failed to enforce its
decision of 13 July 2005. On 27 May 2006, the Court found that all available information
had been released to the authors but that its decision had not been fully enforced as the
authorities had failed to establish certain institutions in accordance with the Law on
Missing Persons. The State party has provided general information about its efforts to
ascertain the fate and whereabouts of missing persons and to prosecute perpetrators.
Nevertheless, it has failed to provide the authors or the Committee with specific and
relevant information concerning Mrs. Lale’s and Mrs. Popović’s case and the steps taken to
establish their fate and whereabouts. The Committee concludes that the facts before it
reveal a violation of article 6 read in conjunction with article 2 (3), of the Covenant with
regard to Mrs. Lale and Mrs. Popović.
7.6
The Committee notes the authors’ claims that their rights under articles 7, 17 and 23
(1), read in conjunction with article 2 (3), of the Covenant have been violated. It also notes
the anguish and distress caused to the authors by the continuing uncertainty resulting from
not knowing where their mothers’ remains may be and the impossibility, if they are
deceased, of giving them a proper burial. It further notes that, although the authors provided
DNA samples to the authorities in 2003 in order to facilitate the identification of the mortal
remains of Mrs. Lale and Mrs. Popović, they have not received a response from the
competent authorities. The Committee considers that these circumstances, together with the
lack of information as to the fate and whereabouts of Mrs. Lale and Mrs. Popović, amount
to inhuman and degrading treatment in violation of article 7, read in conjunction with
article 2 (3), of the Covenant, with regard to the authors.
7.7
In the light of the above findings, the Committee will not examine separately the
authors’ allegations under articles 17 and 23 (1), read in conjunction with article 2 (3), of
the Covenant.11
8.
The Committee, acting under article 5 (4) of the Optional Protocol, is of the view
that the State party has violated article 6, read in conjunction with article 2 (3), of the
Covenant with regard to Mrs. Lale and Mrs. Popović, and article 7, read in conjunction with
article 2 (3), with regard to the authors.
10
11
See communication No. 2064/2011, Milan Mandić v. Bosnia and Herzegovina, Views adopted on 5
November 2015, para. 8.3.
Ibid., para. 8.5.
11