CCPR/C/113/D/2022/2011
families a timely opportunity to contribute their knowledge to the investigation, and that
information regarding the progress of the investigation must be made promptly accessible
to the families. It also takes note of the anguish and distress caused to the authors by the
continuing uncertainty resulting from the disappearance of their relative. The Committee
concludes that the facts before it reveal a violation of articles 6, 7 and 9, read in conjunction
with article 2 (3), of the Covenant with regard to Mr. Hamulić, and of article 7, read in
conjunction with article 2 (3), of the Covenant, with regard to the authors.
9.7
In the light of the above findings, the Committee will not examine separately the
authors’ allegations under article 16, read in conjunction with article 2 (3), of the
Covenant.18
10.
The Human Rights Committee, acting under article 5 (4) of the Optional Protocol, is
of the view that the State party has violated articles 6, 7 and 9, read in conjunction with
article 2 (3), of the Covenant, with regard to Mr. Hamulić, and of article 7, read alone and
in conjunction with article 2 (3), with regard to the authors.
11.
In accordance with article 2 (3) of the Covenant, the State party is under an
obligation to provide the authors with an effective remedy, including (a) strengthening its
investigations to establish the fate or whereabouts of Mr. Hamulić, as required by the Law
on Missing Persons 2004, and having its investigators contact the authors as soon as
possible to obtain information from them, so that they can contribute to the investigation;
(b) strengthening its efforts to bring to justice those responsible for his disappearance,
without unnecessary delay, as required by the national war crimes strategy; and
(c) providing effective reparation to the authors, including 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 disappearance are accessible to the families of missing persons.
12.
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 and that, pursuant to article 2 of the Covenant, the State party has
undertaken to ensure to all individuals within its territory and 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 present
Views. The State party is also requested to publish the present Views and to have them
widely disseminated in the three official languages of the State party.
18
See Selimović et al. v. Bosnia and Herzegovina, para. 12.8.
13
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