CCPR/C/115/D/2064/2011
had sent a letter to the Office of the Prosecutor reporting that it had taken several actions on
the case, including an exploratory excavation in Lukavička cesta and in the yard of the
Mandić’s house, DNA tests in the mass grave located in the “Lav” cemetery and hearings
with witnesses. The Institute further indicated that despite all the activities undertaken, the
case of Božo Mandić had not yet been resolved, but that it would continue to take all the
necessary measures to solve it. The Office of the Cantonal Prosecutor challenged the
author’s submission that it had not been clear to which authority he had to submit an appeal
against the closure of the investigation regarding Većerak Josip.26 The author had provided
statements in relation to this investigation to the Office of the Cantonal Prosecutor on two
occasions and had therefore been aware that it was in charge of the investigation.
Issues and proceedings before the Committee
Consideration of admissibility
7.1
Before considering any claims contained in a communication, the Committee must
decide, in accordance with rule 93 of its rules of procedure, whether it is admissible under
the Optional Protocol.
7.2
The Committee notes, as required by article 5 (2) (a) of the Optional Protocol, that
the same matter is not being examined under another procedure of international
investigation or settlement.
7.3
The Committee notes that the State party has not challenged the admissibility of the
communication. The Committee also notes the author’s allegations that the Constitutional
Court itself held that there was no effective remedy to protect the rights of the relatives of
missing persons; that he had informed the authorities about the alleged events concerning
Božo Mandić beginning in 1992; that on 15 December 2005, the Court had found that the
rights of Božo Mandić’s wife had been violated because of the failure to inform her
concerning the whereabouts of her husband; and that the Court’s judgement had not been
implemented by the competent authorities. The Committee observes that more than 22
years after the alleged events concerning Božo Mandić, the State party has failed to provide
convincing arguments to justify the delay in completing the corresponding investigation.
Accordingly, the Committee considers that the domestic remedies have been unreasonably
prolonged and that it is not precluded from examining the communication under article 5
(2) (b) of the Optional Protocol.
7.4
All admissibility criteria having been met, the Committee declares the authors’
claims under articles 6 and 7, read in conjunction with article 2 (3), in relation to Božo
Mandić, and under articles 7, 17 and 23 (1), read in conjunction with article 2 (3), in
relation to Milan Mandić admissible and proceeds to its examination of the merits.
Consideration of the merits
8.1
The Committee has considered the communication in the light of all the information
made available to it by the parties, as provided for under article 5 (1) of the Optional
Protocol.
8.2
The Committee takes note of the author’s claims that on 4 April 1992, the Serbian
Territorial Defence Force set up a barricade right below the Mandić’s house and that from
then on, the house was subjected to crossfire from the Serbian and the Bosnian Territorial
Defence armies. The Committee also notes the author’s claim that on or around 10 June
1992, Božo Mandić was wounded by a sniper while he was in the courtyard in front of his
house and that his wife took care of him until she was captured by members of the Bosnian
26
See para. 6.11.
13