CCPR/C/119/D/2206/2012
9.
Pursuant to article 2 (3) (a) of the Covenant, the Committee considers that the State
party is under an obligation to provide the authors with an effective remedy. This requires it
to make full reparation to individuals whose Covenant rights have been violated.
Accordingly, the State party is obligated, inter alia, to: (a) intensify its investigations to
establish the fate or whereabouts of Mrs. Lale and Mrs. Popović, as required by the Law on
Missing Persons of 2004; (b) strengthen its efforts to bring to justice those responsible for
Mrs. Lale’s and Mrs. Popović’s disappearances without unnecessary delay, as required by
the National War Crimes Prosecution Strategy; (c) ensure that any necessary psychological
rehabilitation and medical care is made available to the authors for the psychological harm
they have suffered; and (d) provide adequate compensation and appropriate measures of
satisfaction. 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 and adequate measures of reparation are accessible to the families of
missing persons.
10.
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 or not and that, pursuant to article 2 of the Covenant, the State
party has undertaken to ensure to all individuals within its territory or 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
Committee’s Views. The State party is also requested to publish the Committee’s Views
and to have them widely disseminated in all three official languages of the State party.
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