CCPR/C/112/D/1966/2010
6.2
As regards the argument of the authors that they have received no information about
the status of the case of their husband and father, the State party states that the central
database of all pending war crimes cases provided for in the national war crimes
prosecution strategy is now functioning. The State party refers to the proceedings under
way against Drago Radosavljević and 10 other suspects for war crimes against civilians
under article142 of the Criminal Code of the Socialist Federal Republic of Yugoslavia. It
indicates that “in September, the Prosecutor’s Office will give an order to the Federal
Ministry of Internal Affairs, Department for War Crimes, for the collection of information
and evidence in this case, i.e. hearing of witnesses, family members of the missing, about
what they know about the illegal abduction and disappearance of civilians from the
municipality of Vogošća”.15
6.3
In its submission dated 6 October 2011, the State party also sent a letter from the
mayor of Centar municipality stating that the name of Sejad Hero does not appear in their
official records.
Additional information submitted by the authors
7.1
On 14 and 21 October 2011, 23 January 2012 and 23 July 2013, the authors sent
comments related to the State party’s observations dated 12 September 2011, 6 October
2011 and 21 October 2012. Reiterating their initial submission, the authors consider that the
only new information included in the additional replies of the State party is the reference to
the order that the Prosecutor’s Office intended to give to the Department of War Crimes of
the Ministry of Internal Affairs in September for the collection of information and evidence
in the case of the illegal abduction and disappearance of civilians from the municipality of
Vogošća. The authors insist on their availability and willingness to be called to give their
testimony before the Department of War Crimes and to be kept informed of the
proceedings.
7.2
The authors further state that, on 11 October 2011, the Association of Relatives of
Missing Persons from Vogošća sent a letter to the Cantonal Prosecutor’s Office enquiring
as to whether the order referred to by the State party had been issued by the Prosecutor’s
Office and, if so, what activities had been carried out so far. The letter also reiterates that it
is of utmost importance that the case is dealt with pursuant to the Criminal Code of Bosnia
and Herzegovina of 2003, and not to the Criminal Code of the Socialist Federal Republic of
Yugoslavia, which does not include provisions for crimes against humanity and the crime
of enforced disappearance. In that regard, the authors refer to the report of the Working
Group on Enforced or Involuntary Disappearances on its mission to Bosnia and
Herzegovina (A/HRC/16/48/Add.1, para. 57), in which it emphasized that enforced
disappearance being a continuous crime, it could be punished on the basis of an ex post
legislation without violating the principle of non-retroactivity, for as long as the fate or
whereabouts of the disappeared person has not been clarified.
7.3 In their further submission, dated 23 July 2013, , the authors state that on 24 May 2013,
Tija Hero received a letter from the International Committee of the Red Cross informing
her that all data concerning her missing husband had been transferred to the Missing
Persons Institute, in conformity with the Law on Missing Persons. The authors further state
that, in April 2013, the mortal remains of a person were exhumed in Tihovići, where Sejad
Hero went missing. The authors heard a rumour that the remains could be those of Sejad
Hero and that identification could take place in early June 2013. They have nonetheless not
been contacted or kept informed by the State party. Tija Hero argues that this situation has
15
Letter from the Cantonal Prosecutor’s Office of Sarajevo Canton, dated 16 August 2011, annexed to
the documentation provided by the State party on 12 September 2011.
11