CCPR/C/115/D/2048/2011
9.3
The Committee observes that it is not disputed that Ermin Kadirić was apprehended
and taken from his house by VRS soldiers, that Ms. Kadirić saw that her husband was
captured and subjected to severe ill-treatment over a number of hours together with other
men and that, at a certain point, the soldiers ordered the captured men to run and started to
shoot at them. One and a half days later, Ms. Kadirić left the house and located Ermin
Kadirić’s dead body among the others. Nonetheless, she was not able to recover his mortal
remains at that time, as she had to run away to protect herself from snipers. Upon her
return, the body had been removed. The authors’ accounts were also confirmed by the
statements of two witnesses presented by Ms. Kadirić before the Municipal Court in Sanski
Most in the proceedings carried out to declare Ermin Kadirić dead (see para. 2.6 above).
Despite the authors’ efforts to recover their relative’s remains and their requests for an
investigation to the authorities of the State party, the location of Ermin Kadirić’s body
remains unknown.
9.4
Although the acts of VRS are not directly attributable to the State party, the
Committee notes the authors’ claim that these acts, together with the subsequent removal
and concealment of Ermin Kadirić’s remains, were committed in the State party’s territory
by VRS and that the State party remains under an ongoing obligation to locate, exhume,
identify and return the victim’s mortal remains to the family, as well as to identify,
prosecute and sanction those responsible for the crimes concerned. In this connection, the
Committee recognizes the particular difficulties that a State party may face in investigating
crimes that may have been committed on its territory by hostile forces. Therefore, while
acknowledging the gravity of the alleged crimes and the suffering of the authors resulting
from the State party’s failure to locate the remains of their missing husband and father and
bring the culprits to justice, that in itself is not sufficient to find a breach of article 2 (3), of
the Covenant in the particular circumstances of the present communication.
9.5
That being said, the authors claim that, at the time of the filing of their
communication, more than 19 years after the alleged events concerning Ermin Kadirić took
place and more than 2 years after the judgement of the Constitutional Court of 13 May
2008, the investigative authorities have not contacted them for information regarding the
location of his mortal remains. On 14 December 2010, Dino Kadirić applied to the
Constitutional Court and requested it to adopt a ruling establishing that the authorities had
failed to enforce its decision of 13 May 2008. On 22 March 2011, the Constitutional Court
informed the authors that it considered the judgement to have been enforced, without
providing any reason for that conclusion and in spite of the fact that no effective action had
been carried out by the authorities in the case of Ermin Kadirić. The State party has
provided general information as to its efforts in searching for the remains of missing
persons and prosecuting perpetrators. Nevertheless, it has failed to provide the Committee
with specific and relevant information concerning the steps taken to pursue the
investigation into the arbitrary detention, ill-treatment and extrajudicial execution of Ermin
Kadirić and to locate his mortal remains and return them to his family. The Committee
further observes that the authorities have provided very limited and general information to
the authors regarding their relative’s case. The Committee considers that authorities
investigating certain violations, such as torture and cruel, inhuman and degrading treatment,
summary and arbitrary killing and enforced disappearance, must give the families a timely
opportunity to contribute their knowledge to the investigation, and that information
regarding the progress of the investigation must be made promptly accessible to the
families. It also takes note of the anguish and distress caused to the authors by the
continuing uncertainty resulting from the removal and concealment of their relative’s
remains. Accordingly, the Committee concludes that the facts before it reveal a violation of
articles 6, 7 and 9, read in conjunction with article 2 (3), of the Covenant with regard to
Ermin Kadirić; and of article 7, read alone and in conjunction with article 2 (3), of the
Covenant with regard to the authors.
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