CCPR/C/113/D/2028/2011
5.3
She refers to the general comment of the Working Group on Enforced or Involuntary
Disappearances on enforced disappearance as a continuous crime.16 She considers that the
State party’s observations do not object to the admissibility of the communication and
substantially acknowledge the merits the allegations formulated therein. She considers that
those observations corroborate her allegations that her son remains registered as an
“unaccounted for” missing person. The tracing process is, therefore, still open under the
responsibility of the Bosnian authorities, who are under the obligation to establish his fate
and whereabouts; in the case of his death, to search for, locate, respect and return his
remains to his family; to disclose to the latter the truth regarding the circumstances of his
enforced disappearance, the progress and results of the investigation on his fate; and to
guarantee her redress for the ongoing violations.
5.4
The author states that, so far, neither she nor the eyewitnesses of the events that led
to the enforced disappearance of her son have been contacted by personnel of the Missing
Persons Institute referred to by the State party, while she considers that they would be able
to provide those authorities with information that could be relevant to locating him. 17 She
points out that the State party’s observations provide general references to the existence of
mass graves and lack precise information as to where her son’s remains could be located.
Should the Missing Persons Institute have reliable information according to which the
mortal remains of her son could be located in the mass graves of Trnopolje or Prijedor, she
should be informed accordingly without delay and be associated with the whole process of
location, exhumation and identification of the remains.
5.5
The author argues that the high number of war crimes still requiring investigation
does not relieve the State party from its responsibility to conduct a prompt, impartial,
independent and thorough investigation into cases of gross human rights violations, or from
regularly informing relatives of the victims on the progress and results of those
investigations. Although the enforced disappearance of Mr. Ičić was promptly reported to
various authorities, it was not until 20 December 2010, after she submitted her
communication to the Committee, that the case was registered and assigned a file number
by the Office of the Prosecutor; however, she has not been informed if an investigation is
about to start (see para. 5.1 above). In this regard, the author reiterates that relatives of
victims of enforced disappearance should be closely associated with the investigations. In
particular, they should be regularly given information on the process of the investigations
and their results, and whether trials might forthcoming.18
5.6
The author considers that the implementation of the national strategy for war crimes
has been deficient, as noted by international entities, and cannot be used either by the State
party as a sufficient response concerning the lack of information on the progress and results
of the investigations carried out, or to justify the inactivity of the authorities concerned. She
argues that the adoption of a transitional justice strategy cannot replace access to justice and
redress for the victims of gross human rights violations and their relatives.
5.7
In the light of the State party’s reference to the Law on Missing Persons, the author
reiterates that, several years after its entry into force, some of its crucial provisions,
including those concerning the establishment of the Fund for Support to the Families of
Missing Persons in Bosnia and Herzegovina, have not been implemented. Furthermore, a
16
17
18
10
See A/HRC/16/48, paras 1-2, 7-8 and 39.
See A/HRC/AC/6/2, paras. 53, 56 and 80-97; and general comment No. 10 of the Working Group on
Enforced or Involuntary Disappearances, para. 4.
See general comment No. 10 of the Working Group on Enforced or Involuntary Disappearances, para.
3; and A/HRC/16/48/Add.1, paras. 34 and 63-64.