CCPR/C/115/D/2048/2011
exhausted all available domestic remedies”. It further noted that it was conducting criminal
investigations, including regarding VRS members that allegedly took part in attacks against
civilian non-Serbs who had been living in the municipality of Prijedor; that the persons
accused had been charged with crimes against humanity; and that two cases had been
recorded and were at the investigation stage. Likewise, the Ministry of Justice of the State
party and the Prosecutor’s Office of the Republika Srpska stated that they had not received
a complaint regarding Ermin Kadirić’s disappearance.
Authors’ comments on the State party’s observations on admissibility and the merits
5.1
On 19 July 2011, the authors submitted their comments on the State party’s
observations. They argued that the authorities of the State party acknowledged the merits of
the allegations submitted in their communication. They considered of particular relevance
the statement of the Prosecutor’s Office that its office was carrying out investigations
against persons who had allegedly committed attacks against civilian non-Serbs of the
municipality of Prijedor (see para. 4.3 above). They pointed out that they had only become
aware of that investigation through the State party’s observations. Nevertheless, at the time
of submitting their comments, the authors had not received any official communication
about the opening or the progress of that investigation, and they had not been involved with
or associated in any way to it, even though they were eyewitnesses to some of the events in
question.
5.2
As to the admissibility of the communication, the authors pointed out that they had
informed the authorities present on the ground about the arbitrary deprivation of liberty, illtreatment and arbitrary killing of Ermin Kadirić and the subsequent removal and
concealment of his mortal remains since 1992. Indeed, the fact that he was among the
civilians who were ill-treated and arbitrarily killed in Rizvanovići was known to the main
institutions dealing with missing persons in the State party. The registries of those
institutions were available and accessible to the competent judicial authorities in charge of
investigating the crimes committed in and around Prijedor in 1992. Furthermore, Ermin
Kadirić’s name was included in the list of missing persons from Prijedor contained in the
book Ni krivi ni duzni,14 which had twice been sent to the Prosecutor’s Office by the Izvor
organization. Accordingly, the Prosecutor’s Office and other competent authorities had in
their possession or could have access to sufficient information to initiate an ex officio
investigation on the arbitrary deprivation of liberty, ill-treatment, arbitrary killing and
subsequent removal and concealment of the mortal remains of Ermin Kadirić.
5.3
The authors also referred to the general comment of the Working Group on Enforced
or Involuntary Disappearances on enforced disappearance as a continuous crime (paras. 1,
2, 7 and 8).15 They considered that the State party’s observations corroborated their
allegations that their relative remained registered as an “unaccounted for” missing person.
For instance, the online inquiry tool set up by the International Commission on Missing
Persons contained his name and indicated that, although DNA samples had been provided
by his relatives, no match had been found. The tracing process was, therefore, still open
under the responsibility of the Bosnian authorities, who were under the obligation to
establish Ermin Kadirić’s fate and whereabouts; to search for, locate, respect and return his
remains to his family; to disclose to the latter the truth regarding the circumstances of the
crimes committed, the progress and results of the investigation on his fate; and to guarantee
his family’s redress for the ongoing violations.
14
15
10
Published by Patria and Izvor (2000).
Contained in A/HRC/16/48, para. 39.