CCPR/C/115/D/2064/2011
Office of the Prosecutor has not undertaken any measure to sanction those responsible for
this failure.
2.14 Since 1992, Milan Mandić has undergone deep and severe psychological stress
because of the uncertainty concerning the fate and whereabouts of Božo Mandić. The
length of time elapsed and the attitude of official indifference to his anxiety have generated
deep frustration and debasement for the author. He has not been able to find his father’s
mortal remains and to mourn and bury him in accordance with his religious beliefs and
customs.
The complaint
3.1
The author claims that the State party has violated articles 6 and 7, read in
conjunction with article 2 (3), of the Covenant with regard to Božo Mandić and articles 7,
17 and 23 (1), read in conjunction with article 2 (3), with regard to himself.
3.2
As for the alleged violation of article 6, read in conjunction with article 2 (3), of the
Covenant with regard to Božo Mandić, the author submits that there is an ongoing failure
by the State party to conduct an ex officio, prompt, thorough, impartial, independent and
effective investigation into his father’s enforced disappearance. He argues that the State
party has an obligation to conduct a prompt, impartial, thorough and independent
investigation into such gross human rights violations as enforced disappearances, torture or
arbitrary killings. In general, the obligation to conduct an investigation also applies in cases
of killings or other acts affecting the enjoyment of human rights that are not imputable to
the State. In these cases, the obligation to investigate arises from the duty of the State to
protect all individuals under its jurisdiction from acts committed by private persons, or
groups of persons, which may impede the enjoyment of their human rights. 10
3.3
In relation to the alleged violation of article 7, read in conjunction with article 2 (3),
with regard to Božo Mandić, the author claims that the arbitrary killing and the subsequent
removal, concealment and mistreatment of his mortal remains amount to treatment contrary
to article 7 of the Covenant because of the denial of a dignified burial.
3.4
With regard the author himself, as regards the alleged ongoing violation by the State
party of article 7, read in conjunction with article 2 (3), of the Covenant, as well as articles
17 and 23 (1), in conjunction with article 2 (3), of the Covenant, he submits that he suffers
severe mental distress and anguish caused by the enforced disappearance of his father and
the ongoing lack of information about the cause and circumstances of these human rights
violations as well as about the progress and results of the investigations carried out by the
State party authorities. This lack of information also violates his right to know the truth.
Furthermore, there has been no effective remedy and redress, as the author has never
received any form of reparation for the harm suffered. The author further alleges that his
family life has been disrupted as a consequence of the enforced disappearance of his father,
which has prevented the author from burying his father in accordance with his religious
customs and beliefs.
3.5
The author requests the Committee to recommend that the State party (a) order an
independent investigation as a matter of urgency concerning the fate and whereabouts of his
10
6
The author refers to the Committee’s general comment No. 31 (2004) on the nature of the general
legal obligation imposed on States parties to the Covenant, para. 8 as well as Inter-American Court of
Human Rights, Chitay Nech and others v. Guatemala, judgement of 25 May 2010, Series C No. 212,
para. 89 and Velásquez Rodríguez v. Honduras, judgement (merits) of 29 July 1988, Series C No. 4,
para. 172; European Court of Human Rights, Demiray v. Turkey, judgement of 21 November 2000,
para. 50, Tanrikulu v. Turkey, judgement of 8 July 1999, para. 103 and Ergi v. Turkey, judgement of
28 July 1998, para. 82.