CCPR/C/115/D/2064/2011
with article 2 (3), of the Covenant, with regard to Božo Mandić and article 7, read alone
and in conjunction with article 2(3), with regard to the author.
10.
In accordance with article 2 (3) (a) of the Covenant, the State party is under an
obligation to provide the author with an effective remedy. This requires it to make full
reparation to individuals whose Covenant rights have been violated. Accordingly, the State
party is obligated, inter alia, to (a) intensify its investigations to establish the fate or
whereabouts of Božo Mandić, as required by the Law on Missing Persons of 2004, and
have its investigators contact the author as soon as possible to obtain the information that he
can contribute to the investigation; (b) strengthen its efforts to bring to justice those
responsible for his death, without unnecessary delay, as required by the National Strategy
for War Crimes Processing; (c) ensure that any necessary psychological rehabilitation and
medical care is provided to the author for the psychological harm he has suffered (see para.
3.4); and (d) provide the author with adequate compensation and appropriate measures of
satisfaction. The State party is also under an obligation to prevent similar violations in the
future and must ensure, in particular, that investigations into allegations of extrajudicial
killings and adequate measures of reparation are accessible to the families of missing
persons.
11.
Bearing in mind that by becoming a party to the Optional Protocol, the State party
has recognized the competence of the Committee to determine whether there has been a
violation of the Covenant and that, pursuant to article 2 of the Covenant, the State party has
undertaken to ensure to all individuals within its territory and subject to its jurisdiction the
rights recognized in the Covenant and to provide an effective remedy when it has been
determined that a violation has occurred, the Committee wishes to receive from the State
party, within 180 days, information about the measures taken to give effect to the present
Views. The State party is also requested to publish the present Views and to have them
widely disseminated in all three official languages of the State party.
16
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