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perpetrators themselves, ICRC, prisoners and family members, among other sources. The
authors claim that although the authorities were aware of Mr. Hamulić’s disappearance and
had access to relevant information, no ex officio, prompt, thorough, impartial, independent
and effective investigation was carried out in order to locate him, to make known his fate
and whereabouts and, should he have died, to locate, exhume, identify and return to his
family his mortal remains.
2.7
On 19 November 2007, Ms. Hamulić requested from the Administrative Service of
the Department for Veterans and Protection of the Disabled in Prijedor a disability pension
pursuant to article 25 of the Law on the Protection of Civilian Victims of War and article
190 of the Law on Administrative Procedure, on the basis of the death of her son Mustafa
and the disappearance of her other son Husein.
2.8
On 4 March 2008, Ms. Hamulić applied to the Human Rights Commission of the
Constitutional Court of Bosnia and Herzegovina, claiming violation of articles 3
(prohibition of torture) and 8 (right to respect for private and family life) of the European
Convention for the Protection of Human Rights and Fundamental Freedoms, as well as
articles II.3 (b) and (f) of the Constitution of Bosnia and Herzegovina. The Constitutional
Court decided to join together several applications submitted by relatives of missing
persons, and therefore dealt with them as one collective case.
2.9
On 13 May 2008, the Constitutional Court adopted a decision in which it concluded
that the applicants of the collective case were relieved from exhausting domestic remedies
before ordinary courts, as “no specialized institution on enforced disappearance in Bosnia
and Herzegovina seems to be operating effectively”.4 The Court further found a violation of
articles 3 and 8 of the European Convention, because of the lack of information on the fate
of the disappeared relatives of the applicants, including the fate of Husein Hamulić. The
Court ordered the Bosnian authorities concerned to provide “all accessible and available
information on members of the applicants’ families who went missing during the war,
urgently and without further delay and no later than 30 days from the date of the receipt of
the decision”. The Court also ordered the authorities to ensure the operational functioning
of the institutions established in accordance with the Law on Missing Persons, namely the
Missing Persons Institute, the Fund for Support to the Families of Missing Persons in
Bosnia and Herzegovina and the Central Records of Missing Persons in Bosnia and
Herzegovina, immediately and without further delay, and no later than 30 days from the
date of the court order. The competent authorities were requested to submit information
within six months to the Constitutional Court about the measures taken to implement the
decision.
2.10 The Constitutional Court did not adopt a decision on the issue of compensation,
considering that it was covered by the provisions of the Law on Missing Persons
concerning financial support and by the establishment of the Fund for Support to the
Families of Missing Persons in Bosnia and Herzegovina. However, the authors argue that
the dispositions on financial support have not been implemented and that the Fund has still
not been established.
2.11 On 22 September 2008, to follow up on the Constitutional Court’s decision, the
Missing Persons Institute addressed a letter to Ms. Hamulić stating that her son had been
reported as a missing person to the Institute and ICRC and that it was trying to find out his
fate, in cooperation with the State Prosecutor’s Office, the Ministry of the Interior and
security agencies. The authors point out that the Institute did not provide any information
4
4
The authors refer to the Constitutional Court’s judgements concerning M.H. and others (case No. AP129/04), 27 May 2005, paras. 37-40, and Fatima Hasić and others (case No. AP 95/07), 29 May
2008.