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