CCPR/C/119/D/2206/2012
systematically frustrated and a prompt, independent, impartial and thorough investigation
has not been carried out, in violation of article 6, read in conjunction with article 2 (3), of
the Covenant. The whereabouts and, in the likely case of their death, the whereabouts of the
remains of Mrs. Lale and Mrs. Popović, remain unknown to date.
3.4
The authors allege that they are victims of a violation by Bosnia and Herzegovina of
article 7 read in conjunction with article 2 (3), of the Covenant, because of the severe
mental distress and anguish caused by: (a) the disappearances of Mrs. Lale and Mrs.
Popović; (b) the continued uncertainty about their mothers’ fate and whereabouts; (c) the
failure to locate, exhume, identify, respect and return the mortal remains of Mrs. Lale and
Mrs. Popović; (d) the failure to investigate and ensure an effective remedy; (e) the lack of
response from the authorities in regards to their request for information on the case of Mrs.
Lale and Mrs. Popović, which violate their right to the truth; (f) the non-implementation of
various provisions of the Law on Missing Persons, including those concerning the
establishment of the Fund for Support to the Families of Missing Persons, which has
deprived the authors of their right to compensation; and (g) the failure by the State party to
implement the judgment of the Constitutional Court of 13 July 2005. The authors argue that,
as soon as it was feasible for them, they reported their mothers as missing and requested the
intervention of the relevant domestic authorities in order to establish the fate and
whereabouts of their mothers. The authors further argue that, at the time of submitting their
communication, they had been requesting information from the authorities for over 20 years,
to which they not only failed to respond but placed a number of obstacles in their way,
leaving the authors to bear the responsibility to shed light on the fate of their mothers. The
authors therefore consider that they have been victims of a separate violation of article 7,
read in conjunction with article 2 (3), of the Covenant.
3.5
The authors further claim a violation of their rights under articles 17 and 23 (1), read
in conjunction with article 2 (3), of the Covenant. They argue that they provided DNA
samples to the authorities in 2003 in order to facilitate the identification of the mortal
remains of Mrs. Lale and Mrs. Popović, but that they never received a response from the
competent authorities. They argue that the lack of response on the outcome of the process
of exhumation and identification, and the failure of the authorities of the State party to
return their mothers’ mortal remains, is causing them anguish and distress as they have
been unable to give their mothers a proper burial.
3.6
The authors request the Committee to recommend that the State party: (a) order
prompt, impartial and thorough investigations concerning the fate and whereabouts of their
mothers; (b) bring the perpetrators before the competent authorities for prosecution,
judgment and sanction; and (c) provide the authors with adequate compensation that covers
material and moral damages, as well as other measures of reparation, including measures of
rehabilitation and satisfaction. In particular, the authors request that the State party
acknowledge publicly its international responsibility, provide them with medical and
psychological care free of charge and establish an educational programme on international
human rights law and international humanitarian law for all members of its security forces
and the judiciary.
State party’s observations on admissibility and on the merits
4.1
In its observations dated 2 April 2013, the State party refers to letters received from
State institutions and entities providing information on the steps taken with regard to the
cases of Mrs. Lale and Mrs. Popović. In a letter dated 26 February 2013, the Ministry of
Justice of Bosnia and Herzegovina notes that, after the ratification of the General
Framework Agreement for Peace in Bosnia and Herzegovina, the authorities made efforts
to find an effective and equitable way to resolve thousands of war crimes indictments.
Along with the establishment of a legal framework for war crimes prosecution, the Court of
Bosnia and Herzegovina and the Prosecutor’s Office were set up with exclusive jurisdiction
over war crimes cases. Any report of war crimes received by other prosecutors or courts
must be submitted to the Prosecutor’s Office for consideration and reviewed in accordance
with established criteria. Owing to the large number of war crimes, the Council of Ministers
for Bosnia and Herzegovina adopted on 29 December 2008 a National War Crimes
Prosecution Strategy with the objective to resolve within seven years the prosecution of the
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