CCPR/C/115/D/2064/2011
Appendix II
[Original: Spanish]
Individual opinion of Committee member Fabián Salvioli
(partly dissenting)
1.
In relation to communication No. 2064/2011, Mandić v. Bosnia and Herzegovina,
while I agree with the determination of the international responsibility of the State for
violation of the International Covenant on Civil and Political Rights, I am of the view that
the reasoning of the Committee should have been based on different considerations, both in
the categorization of the facts and in the identification of the violations of the Covenant.
2.
Firstly, the facts involve enforced disappearance and not extrajudicial execution.
The enforced disappearance continues even at the present time, since it constitutes a
complex and continuing crime which only ends with the appearance of the victim alive or
the identification of his remains if he has died. Neither of these two eventualities can be
proved in the case under consideration by the Committee. This should have led to an
overall analysis by the Committee under articles 6, 7, 9 and 16 of the Covenant.
3.
Secondly, I consider that the direct violations of these articles cannot be attributed to
the State of Bosnia and Herzegovina through the particular circumstances of the case, but
that the State is responsible for the violation of article 2 (3), read in conjunction with
articles 6, 7, 9 and 16, since it has not provided an effective remedy in the face of the
violations that occurred.
4.
I also consider that the Committee should have found — by reason of the facts
demonstrated — the violation of article 2 (3), read in conjunction with article 7, in respect
of Bozo Mandić (the Committee has inverted the order of the articles in its decision).
5.
Lastly, I concur with the Committee’s view determining the responsibility of the
State party for the direct violation of article 7 to the detriment of Bozo Mandić.
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