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. 19