CCPR/C/112/D/1966/2010 members of the JNA and there has been no information as to his fate and whereabouts since then, and no ex officio, prompt, official, impartial, thorough and independent investigation has been conducted by the State party as to his fate and whereabouts. The unceasing efforts undertaken by Sejad Hero’s relatives to obtain access to potentially effective remedies have been impeded, thereby placing the disappeared person outside the protection of the law, amounting to a continuing violation of article 16, read in conjunction with article 2, paragraph 3, of the Covenant. 3.7 The authors allege that they are themselves victims of a violation by Bosnia and Herzegovina of article 7, read in conjunction with article 2, paragraph 3, of the Covenant because of the severe mental distress and anguish caused by (a) the disappearance of Sejad Hero; (b) the de facto requirement to declare him dead in order to obtain the right to a pension; (c) the continued uncertainty about his fate and whereabouts; (d) the failure to investigate and ensure an effective remedy; (e) the lack of attention to their case, reflected, for example, in the use of template letters to reply to their requests for information as to the fate and whereabouts of their loved ones; (f) the non-implementation of various provisions of the Law on Missing Persons, including those concerning the establishment of the Fund for Support to the Families of Missing Persons; and (g) the failure by the State party to implement the judgment of the Constitutional Court of Bosnia and Herzegovina. The authors therefore consider that they have been victims of a separate violation of article 7 in conjunction with article 2, paragraph 3, of the Covenant. 3.8 On the admissibility of the communication ratione temporis, the authors submit that, even though the events took place before the entry into force of the Optional Protocol for the State party, enforced disappearances are per se a continuing violation of several human rights. 3.9 Finally, Ermina Hero and Armin Hero submit that they were minors when their father was disappeared. They were forced to grow up without being able to enjoy a family life and experiencing the ongoing anguish of not knowing the truth about what had happened to their father, and the frustration of not being able to help their mother in putting an end to the terrible situation and alleviate her constant suffering. They both actively supported their mother in the activities undertaken to establish what had happened to their father and have his remains exhumed, identified and returned to the family, in order to honour them in accordance with their beliefs and customs. They also joined the Association of Families of Missing Persons from Vogošća. However, all their efforts have been frustrated, leaving them in a painful, ongoing state of uncertainty. They have experienced not only the permanent anguish of not knowing the truth of what happened to the victim, but also additional emotional distress, because their mother has been forced to declare Sejad Hero dead, in order to receive a monthly pension, although his fate and whereabouts have not been established with certainty. The silence of the authorities can only be categorized as inhuman treatment and the length of time over which the ordeal of the authors of the communication has been dragged out and the attitude of official indifference in face of their acute anxiety to know the fate of Sejad Hero have generated deep frustration and a sense of degradation. Finally, Ermina Hero and Armin Hero have never received any compensation for the harm suffered as a result of the disappearance of their father. Instead of being granted the special measures of protection they would have been entitled to as minors, they had to grow up without the presence of their father, and were forced to live with the dreadful doubt as to what exactly happened to him. They therefore submit that the State party has violated their rights under article 24, paragraph 1, read in conjunction with articles 2, paragraph 3, and 7 of the Covenant, as they were minors in need of special protection until they reached the age of majority on 21 June 2004 and 28 December 2008 respectively. 8