CCPR/C/113/D/2028/2011
number of international institutions have noted that the establishment of the Fund is not
enough to guarantee the provision of an integral reparation to relatives of missing persons.19
State party’s additional observations on admissibility and merits
6.1
On 21 June, 17 August and 12 September 2011, the State party submitted additional
information and reiterated its observations, highlighting the efforts made to determine the
fate and whereabouts of all missing persons in Bosnia and Herzegovina, including in the
Municipality of Prijedor. According to the Missing Persons Institute, there are indications
of more mass graves supposedly containing the mortal remains of victims from the
Omarska detention camp. Its capacities, however, are still inadequate to dispose of all
pending cases in a short period of time. The State party stated that no relevant
developments had occurred in the case of Mr. Ičić.
6.2
The Ministry of Defence found no documentation either concerning the Omarska
detention camp in the archive of the Army of the Republika Srpska, or relating to the
detention of the author’s son by members of the Army of the Republika Srpska.
6.3
The State party informs the Committee that the author can apply for legal aid to the
Legal Aid Centre of the Ministry of Justice of the Republika Srpska.
6.4
On 26 April 2011, the Office of the Prosecutor of Bosnia and Herzegovina ordered
the State Investigation and Protection Agency (field office in Banja Luka) to undertake all
the necessary steps to find out the fate and whereabouts of the author’s son and to identify
those responsible for his deprivation of liberty and enforced disappearance. This order was
reiterated on 23 August 2011, but no reply has been received from the Agency yet. The
State party maintains that the Office of the Prosecutor has been taking all the necessary
efforts to determine the circumstances of Mr. Ičić’s disappearance; that, on the basis of his
complexity, his case has been categorized in the group of cases that can last up to 15 years
before being solved; and that the Office will regularly inform the author about the progress
and result of the measures undertaken within the investigation.
6.5
The State party informs the Committee that the Law on Establishing and the Manner
of Settling of Internal Debt of the Republika Srpska 20 establishes courts’ and other
authorities’ competence and regulates the proceedings for granting compensation for
pecuniary and non-pecuniary damages in cases of disappeared persons. In addition, the
Government of the Republika Srpska has undertaken measures to accelerate the process of
tracing missing persons.
6.6
The Missing Persons Institute stated that it was making efforts to trace missing
persons in the territory of Bosanska Krajina and that two investigators of the regional office
of Bihać and the field office of Sanski Most were in charge of tracing 1500 missing persons
in this territory. In this connection, the Missing Persons Institute noted that it would contact
Mr. Ičić’s relatives in the future in order to provide further information on his case.
Additional information submitted by the author
7.1
On 24 August and 3 October 2011, the author provided additional information to the
Committee. The author considers that the State party’s further observations do not provide
any substantive information concerning the admissibility and merits of her communication.
As to the statement of the Ministry of Defence that no information has been found
concerning the Omarska detention camp, she points out that there is publicly accessible
19
20
See CAT/C/BIH/CO/2-5, para.18, and A/HRC/16/48/Add.1, paras. 39-48.
Name of the Act as provided by the State party.
11