CCPR/C/112/D/1966/2010
5.3
The authors contend that, six years after they filed the original complaint for the
kidnapping of 98 people (including Sejad Hero) with the police, they had still received no
feedback on whether an investigation was being carried out, and whether their case had
been given a specific number. In the light thereof, Ema Čekić, in her capacity as President
of the Association of Relatives of Missing Persons from Vogošća, wrote a letter to the
Missing Persons Institute to inquire as to the state of the investigation. On 29 April 2011,
she received a reply from the Cantonal Prosecutor’s Office stating that, after conducting the
necessary verifications, a case had been filed against Drago Radosavljević et al. for war
crimes against civilians, in accordance with article 142 of the Criminal Code of the
Socialist Federal Republic of Yugoslavia, and that one of the suspects in that case had
managed the activities of Serbian military and paramilitary formations in Vogošća. On
1 March 2011, a prosecutor was assigned to the case. While welcoming such developments,
the authors express their concern that this important piece of information was not
transmitted by the State party in its observations on admissibility and merits, and also that
the prosecutor intends to prosecute the alleged suspects under the Criminal Code of the
Socialist Federal Republic of Yugoslavia and not the Criminal Code of Bosnia and
Herzegovina of 2003. The authors further allege that no specific investigation has been
carried out in the case of Sejad Hero and that no information has been provided as to his
fate and whereabouts.
5.4
The authors further argue that the high number of war crimes still requiring
investigation does not relieve the authorities of the State party from their 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. Since 1992, the enforced disappearance of Sejad Hero
has been reported to various authorities, including the police in Vogošća. Nonetheless, the
authors have not been contacted or received any feedback.
5.5
The authors consider that the implementation of the national strategy for war crimes
has been deficient and cannot be used by the State party as a sufficient response concerning
the lack of information on the progress and results of the investigations carried out, nor can
it justify the inactivity of the authorities concerned. The authors further argue 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.
State party’s additional observations on admissibility and merits
6.1
On 12 September 2011, 6 October 2011, and 21 October 2012 the State party
submitted additional replies from different State authorities to the Committee, reiterating
the information provided in their previous submission and highlighting the efforts made to
determine the fate and whereabouts of all missing persons in Bosnia and Herzegovina.14
The State party further stated that no relevant developments had occurred in the case of
Sejad Hero and that no evidence was available as to the circumstances of his death or
disappearance. The Missing Persons Institute also transmits a letter, dated 18 July 2011,
sent to the families of some of the victims, in which it states that all unidentified mortal
remains were buried in the city cemetery in Visoko and recorded under appropriate “NN”
marks, and that additional mass graves and individual graves remain to be exhumed. The
Institute further comments that the number of registered missing persons from the
municipalities of Vogošća and Centar is much larger than the number of exhumed and
unidentified human remains, and that all efforts will be pursued to uncover the truth.
14
10
Ministry of Justice, No. 05/37/1401/11, dated 23 August 2011; Missing Persons Institute,
No. 01/1-02-2-3256, dated 25 August 2011; Cantonal Prosecutor’s Office of Sarajevo Canton,
No. T09KTRZ001688198, dated 26 August 2011.