CCPR/C/113/D/2022/2011
contact Mr. Hamulić’s relatives in the future in order to provide further information on his
case.
Additional information submitted by the authors
7.1
On 9 September 2011, the authors provided additional information to the
Committee. The authors considered that the State party’s further observations do not
provide any substantive information concerning the admissibility and merits of their
communication. Furthermore, its observations show that the State party’s authorities do not
have any relevant information that may contribute to clarifying Mr. Hamulić’s fate and
whereabouts or to provide meaningful indications with regard to the steps taken by them to
fulfil the obligations contained in the Covenant. On the contrary, the authorities recognize
the existence of serious shortcomings, for instance, in the process of identifying,
investigating, judging and prosecuting those responsible for his disappearance.
7.2
The authors reiterate their comments as to the lack of implementation of the Law on
Missing Persons, although it entered into force on 17 November 2004. As at the time of
submitting the additional information to the Committee, the Fund had not yet been
established.
Issues and proceedings before the Committee
Consideration of admissibility
8.1
Before considering any claim contained in a communication, the Committee must, in
accordance with rule 93 of its rules of procedure, decide whether the case is admissible
under the Optional Protocol.
8.2
The Committee has ascertained, as required under article 5 (2) of the Optional
Protocol, that the same matter is not being examined under another procedure of
international investigation or settlement and that the authors have exhausted all available
domestic remedies.
8.3
The Committee notes that the State party has not challenged the admissibility of the
communication and considers that the authors’ allegations regarding violations of Mr.
Hamulić’s rights under articles 6, 7, 9 and 16, read in conjunction with article 2(3), as well
as violations of the authors’ rights under article 7, read in conjunction with article 2 (3), of
the Covenant, have been sufficiently substantiated for the purposes of admissibility. The
Committee therefore declares the communication admissible and proceeds to its
examination on the merits.
Consideration of the merits
9.1
The Committee has considered the case in the light of all the information made
available to it by the parties, as provided under article 5 (1) of the Optional Protocol.
9.2
The Committee takes note of the authors’ claims that on 20 July 1992 Mr. Hamulić
escaped in the woods surrounding Hambarine, where he was last seen alive; that this area
was under control of the National Yugoslav Army and paramilitary groups that were
perpetrating acts of ethnic cleansing; that the disappearance occurred within the context of a
widespread and systematic attack directed against the civilian population; and that, against
this background, it is reasonable to presume that in July 1992 Mr. Hamulić was subjected to
enforced disappearance by Army forces. No ex officio, prompt, impartial, thorough and
independent investigation has been carried out by the State party to clarify Mr. Hamulić
fate and whereabouts and to bring the perpetrators to justice. In this respect, the Committee
recalls its general comment No. 31 (2004) on the nature of the general legal obligation
imposed on States parties to the Covenant, according to which failure by a State party to
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