CCPR/C/113/D/2022/2011 3.4 The authors refer to the Committee’s jurisprudence according to which a State party has a primary duty to take appropriate measures to protect the life of a person. 10 In cases of enforced disappearance, the State party has an obligation to investigate and bring perpetrators to justice. In the light of the circumstances of Mr. Hamulić’s disappearance, the authors hold that the failure of the State party to conduct an effective and thorough investigation into the present case (see paras. 3.1 and 3.2 above) amounts to a violation of Mr. Hamulić’s right to life, in breach of article 6, read in conjunction with article 2 (3), of the Covenant. 3.5 The authors further refer to the jurisprudence of the Committee according to which enforced disappearance constitutes, in itself, a form of torture, 11 and note that no investigation has yet been carried out by the State party in order to identify, prosecute, judge and sanction those responsible in the case under review. Therefore, Husein’s disappearance amounts to treatment contrary to article 7, read in conjunction with article 2 (3), of the Covenant. 3.6 Mr. Hamulić’s rights under article 9 of the Covenant were also violated. The circumstances of his disappearance (see para. 3.1 above) lead to reasonably presume that he was captured by members of the National Yugoslav Army. However, his detention was not entered into any official record or register and his relatives have never seen him again. He was never charged with a crime, nor was he brought before a judge or any other official authorized by law to exercise judicial power. He was unable to take proceedings before a court to challenge the lawfulness of his apprehension. As no explanation has been given by the State party and no efforts have been made to clarify his fate, the authors consider that the State party has violated his rights under article 9, read in conjunction with article 2 (3), of the Covenant. 3.7 The authors refer to the jurisprudence of the Committee, according to which enforced disappearance may constitute a refusal to recognize the victim before the law if that person was in the hands of the authorities of the State party when last seen and if the efforts of his or her relatives to obtain access to effective remedies have been systematically denied.12 In the present case, the failure of the State party’s authorities to conduct an investigation keeps Mr. Hamulić outside the protection of the law since July 1992. Consequently, the State party is responsible for a continuing violation of article 16, read in conjunction with article 2 (3), of the Covenant. 3.8 Mr. Hamulić’s detention has not been acknowledged by the authorities, leaving him without access to an effective remedy. Despite their efforts, the authors have not received any relevant information about the causes and circumstances of the disappearance of their relative and no investigation has been carried out by the State party (see para. 3.2 above). Their efforts have been systematically frustrated. Moreover, the Constitutional Court has stated that there is no specialized institution able to conduct an effective and thorough investigation concerning persons who went missing during the armed conflict. Consequently, the authors claim that the State party has violated Mr. Hamulić’s rights under articles 6, 7, 9 and 16, read in conjunction with article 2 (3), of the Covenant. 10 11 12 European Court of Human Rights, Ergi v. Turkey, application no. 23818/94, judgement of 28 July 1998, para. 82. Communication No. 84/1981, Dermit Barbato v. Uruguay, Views adopted on 21 October 1982, para. 10. Communications No. 449/1991, Mojica v. Dominican Republic, Views adopted on 10 August 1994, para. 5.7; No. 1327/2004, Grioua v. Algeria, Views adopted on 16 August 2007, para. 7.6; and No. 1495/2006, Zohra Madoui v. Algeria, Views adopted on 1 December 2008, para. 7.4. Communications No. 1495/2006, Zohra Madoui v. Algeria, Views adopted on 1 December 2008, para. 7.7; No. 1327/2004, Grioua v. Algeria, Views adopted on 16 August 2007, para. 7.9. 7