CCPR/C/115/D/2064/2011 relation to his father’s case dated 15 December 2005 had not been implemented and that the ruling had been forwarded to the Office of the Prosecutor of Bosnia and Herzegovina as the authority competent to prosecute those who failed to implement it. 6.5 On 29 May 2012, the State party submitted letters from six entities.21 The State Investigation and Protection Agency informed the author that it had conducted an investigation into the letter concerning the erroneous DNA report and that the officer who had provided the false information had been disciplined. The Missing Persons Institute, in a letter dated 17 May 2012, stated that it had provided the author with documentation regarding the actions taken to trace his missing father as well as a schedule of planned activities. It also indicated that it had sent a request to the Office of the Prosecutor of Bosnia and Herzegovina requesting authorization for exploratory excavation of the location indicated by Mr. Pešić. 6.6 In a letter dated 8 May 2012, the Office of the Prosecutor of Bosnia and Herzegovina states that on 23 January 2012, it issued the approval for digging in Lukavička cesta and in the yard of the Mandić’s house. The Office states that the Institute has the obligation to notify it about the findings of the dig and to submit an exhumation request should a grave be found. The Institute has not done so. The Office also states that in March 2012, the case of the author’s father was divided into two files: one to trace and identify the mortal remains (under the responsibility of the Office) and the other in relation to the establishment of the criminal responsibility of the alleged perpetrators of the crime (under the jurisdiction of the Office of the Cantonal Prosecutor). The Office further states that the author is being regularly informed about the actions taken. It also states that on 18 November 2011, it received a letter from the Constitutional Court regarding the failure to implement the ruling of 15 December 2005. The Office opened a case and assigned a prosecutor who, on 6 March 2012, requested the Council of Ministers to submit a report indicating the steps taken to implement the ruling. The Office had not received a response from the Council as of 8 May 2012, when the letter was submitted. 6.7 On 9 July 2012, the author submitted his comments on the State’s additional submissions. The author states that on 28 May 2012, an exploratory excavation was carried out in the yard of the Mandić’s house, in his presence and with the participation of a representative of the Institute. The excavations did not have any meaningful result. The author indicates that he still hopes that his father’s remains are buried in the Visoko cemetery as N.N.22 and that, despite his efforts, the authorities did not conduct any investigation in this direction. On 5 July 2012, the author wrote to the Office of the Prosecutor of Bosnia and Herzegovina and to the Institute requesting them to investigate this possibility. 6.8 The author submits that there is a lack of coordination between the authorities of Bosnia and Herzegovina, which hampers the effectiveness of the investigation. While the Office of the Prosecutor of Bosnia and Herzegovina stated in its letter dated 8 May 2012 that on 23 January 2012 it had issued an authorization for the exploratory excavation, the Institute states that a request for the exploratory excavation was submitted to the Office and that a response would “be received soon”. The author also states that he was not notified of the decision to separate his father’s investigation file into two cases23 and that he learned of it through the letter dated 8 May 2012 sent by the Office to the Committee. 6.9 On 22 October 2012, the State party submitted 11 letters from various authorities. The Constitutional Court, the Ministry of Justice, the State Investigation and Protection 21 22 23 The State Investigation and Protection Agency, the Missing Persons Institute, the Mayor of Novi Grad, the Office of the District Prosecutor’ of Istoćno Sarajevo, the Office of the Prosecutor of Bosnia and Herzegovina and the Ministry of Justice. See paras. 2.3-2.6 and 6.2. See para. 6.6. 11

Select target paragraph3