CCPR/C/112/D/1966/2010
State party’s observations on admissibility and merits
4.1
The State party submitted observations on 25 March 2011. It refers to the legal
framework that has been established for the prosecution of war crimes in the post-war
period since December 1995. It states that a national strategy for war crimes was adopted in
December 2008, with the objective of finalizing the prosecution of the most complex war
crimes in 7 years, and of “other war crimes” within 15 years of the adoption of the strategy.
The State party further refers to the adoption of the 2004 Law on Missing Persons, creating
the Missing Persons Institute, and recalls that, of the nearly 32,000 persons who went
missing during the war, the remains of 23,000 persons have been found and 21,000
identified.
4.2
As regards the authors, the State party submits that a regional office was established
in Istočno, Sarajevo, as well as a field office and organizational units in Sarajevo. The State
party considers that those initiatives provide the conditions for faster and more efficient
processes to search for disappeared persons in the territory of Sarajevo. Their investigators
are on site every day to collect information on potential mass graves and to establish
contacts with witnesses. The State party further informs the Committee that the remains of
Sejad Hero could perhaps be found in the area of Vogošća, or in part of Centar
municipality, Sarajevo (Nahorevska brda). The State party specifies that since 1996, 135
victims have been found and exhumed and 120 missing persons identified, and it states that
the Missing Persons Institute, with the support of the appropriate authorities, will continue
to take all the necessary actions to find missing persons faster and to solve the case of Sejad
Hero.
Authors’ comments on the State party’s observations
5.1
The authors submitted their comments on the State party’s observations on 23 May
2011. They refer to the general comment of the Working Group on Enforced or Involuntary
Disappearances on enforced disappearance as a continuous crime (A/HRC/16/48, para. 39).
They consider that the State party’s observations do not object to the admissibility of the
communication and substantially acknowledge on the merits the allegations formulated
therein. The authors further consider that those observations corroborate the allegation that
Sejad Hero remains registered as an “unaccounted for” missing person, and state that no
match has been found through the online inquiry tool set up by the International
Commission on Missing Persons. The tracing process is, therefore, still open under the
responsibility of the Bosnian authorities.
5.2
The authors state that, so far, none of them, and none of the eyewitnesses of the
events that led to the enforced disappearance of Sejad Hero, have been contacted by
personnel of the regional office of Istočno or the field office in Sarajevo referred to by the
State party, while they consider that they would be able to provide those authorities with
information that could be relevant to locating him.13 Instead, the authors contend that they
were never informed that the remains of Sejad Hero could be located in Centar municipality
(Nahorevska brda) before the observations of the State party were submitted to the Human
Rights Committee. The authors rather consider that the remains of Sejad Hero are probably
located in the area of Tihovići. They argue that they should be associated with the processes
of exhumation and identification that is under way. On 25 April 2011, Tija Hero sent a
letter to the Missing Persons Institute, referring to the information contained in the
observations of the State party. She never received any reply to that letter.
13
The authors refer to A/HRC/AC/6/2, paras. 53, 56 and 80–97; and to the general comment of the
Working Group on Enforced or Involuntary Disappearances on the right to the truth in relation to
enforced disappearance, para. 4.
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