CCPR/C/115/D/2064/2011
the Cantonal Prosecutor received a request from the author on the same matter. In a letter
dated 9 March 2006 to the Office of the Prosecutor of Bosnia and Herzegovina, the Head of
the War Crimes Department of the Office of the Cantonal Prosecutor enclosed a copy of an
entire file of an exhumation case (KTA-28/98-RZ), owing to its similarity with the case of
Božo Mandić.14 In the letter Milan Mandić was invited to declare whether this exhumation
coincided with the information he had in his possession and to identify in the photographic
documentation footwear and clothes that could possibly have belonged to his father. On 26
June 2006, the Office of the Cantonal Prosecutor received a request from the author to carry
out investigative actions at the scene of the crime of his father’s death which, according to
him, had taken place at the crossroads of Lukavička Road and Deseta Transferzala. On 6
September 2006, a commission composed of the cantonal prosecutor, Milan Mandić, a
retired judge of the Cantonal Court of Sarajevo and another individual went to the scene.
The judge, who had participated in the exhumation of the bodies in the similar case (KTA28/98-RZ), was shown photographs of the gravesite but indicated that he could not
remember if the exhumation had taken place there.15
4.3
In a letter dated 19 July 2011, the Office of the Prosecutor of Bosnia and
Herzegovina informed the Ministry of Human Rights and Refugees that on 10 March 2006
(sic) a case file (KTA-28/98-RZ) regarding the exhumation of two bodies from a lawn
located between the Aleksa Santič school and Lukavička cesta in the Novi Grad
municipality of Sarajevo had been transmitted to the Office of the Prosecutor of Bosnia and
Herzegovina.16 On 29 March 2007, the Office of the Cantonal Prosecutor re-exhumed both
bodies to take additional samples for DNA tests. The report of the analysis dated 27 June
2007 indicated that none of the samples matched Božo Mandić’s DNA. Following an order
issued by the Office of the Prosecutor of Bosnia and Herzegovina to the State Investigation
and Protection Agency requesting an investigation into the disappearance of Božo Mandić,
the Agency informed the Office on 13 January 2009 that despite having taken a number of
actions to identify the perpetrators of the crime, they had been unsuccessful. It was also
indicated that in February 2010, the Office of the District Prosecutor of Istočno Sarajevo
had transferred to the Office of the Prosecutor of Bosnia and Herzegovina a file on a war
crime against civilians committed by J.V., who was suspected of having killed Božo
Mandić with a sniper rifle in the territory under the control of the Army of the Republic of
Bosnia and Herzegovina. The Office of the Prosecutor of Bosnia and Herzegovina noted
that Božo Mandić’s case was not considered a high priority and should therefore be
concluded within the 15-year time limit.
4.4
In a letter dated 8 July 2011, the Mayor of Novi Grad reported that he could attest
that neither he nor the employees of the municipality at the time of the events were familiar
with the allegations submitted in the communication. He also stated that he had been in
contact with staff members of the civil defence forces that were responsible for
exhumations, who informed him that no exhumations had been carried out at the site of
Lukavička cesta.
4.5
According to a letter dated 2 August 2011 from the Missing Persons Institute to the
Ministry of Human Rights and Refugees of Bosnia and Herzegovina, Milan Mandić gave
different accounts of what happened to his father, in particular to the Institute, to Patriot
14
15
16
8
The exhumation was performed on 15 September 1998 by the Cantonal Court of Sarajevo and
attended by a group of experts who performed an autopsy and drew up a report, took samples of
bones in order to conduct DNA analysis in the future and documented the operation with photos.
After the examination, the bodies were buried in plots designated for unknown persons in Visoko.
The State party provided a note by the Office of the Cantonal Prosecutor of Sarajevo dated 6
September 2006, in which the Office explained that the commission had gone to the scene because
the Office could not determine whether there had been an exhumation at the site and to help the judge
to remember whether the exhumation had taken place there.
See para. 4.2.