CCPR/C/115/D/2048/2011 Although these facts constitute ill-treatment, the State party has failed to carry out an ex officio, prompt, impartial, thorough and independent investigation and to identify, prosecute and sanction those responsible, in violation of its positive procedural obligation under article 7, read in conjunction with article 2 (3), of the Covenant. 3.6 Ermin Kadirić was also a victim of violations of his rights under article 9 of the Covenant. He was arbitrarily deprived of his liberty by VRS, who took him out of his house, without giving any explanation or legal ground. In the subsequent hours, he was materially under the authority of VRS. However, his detention was not entered in any official record or register and his relatives never saw him again. As no explanation has been provided by the State party and no efforts have been made by the competent authorities to effectively investigate Ermin Kadirić’s arbitrary deprivation of liberty, the authors consider that the State party has violated their relative’s rights under article 9, read in conjunction with article 2 (3), of the Covenant. 3.7 The authors refer to the jurisprudence of the Committee, according to which enforced disappearance may constitute a refusal to recognize the victim before the law, if that person was in the hands of the authorities of the State party when last seen and if the efforts of his or her relatives to obtain access to effective remedies have been systematically denied.13 In the present case, Ermin Kadirić has been registered as missing since 1992 and all the efforts of his relatives to obtain access to potentially effective remedies have been systematically impeded. Moreover, no effective investigation has been conducted by the State party into his whereabouts. Accordingly, the failure of the State party to conduct an effective investigation has placed him outside the protection of the law since 1992 and constitutes a violation of article 16, read in conjunction with article 2 (3), of the Covenant. 3.8 In conclusion, the authors claim that the State party has violated Ermin Kadirić’s rights under articles 6, 7, 9 and 16, all read in conjunction with article 2 (3) of the Covenant. 3.9 The authors allege that they are themselves victims of a violation by the State party of article 7, read in conjunction with article 2 (3), of the Covenant. They claim that since 1992 they have undergone deep and severe psychological stress in trying to cope with the events they went through, the uncertainty regarding the whereabouts of the mortal remains of Ermin Kadirić and the fact that they have not been able to give him proper burial. They have regularly requested information from the State party’s authorities with regard to their loved one over the past 22 years, but they have never received any relevant information. The State party has not only failed to respond to their requests for information, but has also placed a number of obstacles in their way, leaving them to bear the burden of the effort to uncover any facts. The authors point out that the authorities failed to implement the judgement of the Constitutional Court of 13 May 2008 and the Law on Missing Persons, in particular concerning the establishment of the Fund, leaving families of missing persons without access to appropriate reparation. To date, their right to know the truth about the whereabouts of their loved one and the progress and results of the investigations has been constantly violated by the State party. Moreover, they have not received any pecuniary compensation nor any measure providing rehabilitation or satisfaction. Accordingly, the authors submit that the indifference of the State party’s authorities to their requests amounts to a violation of their right under article 7, read in conjunction with article 2 (3), of the Covenant. 13 8 See communications No. 1495/2006, Madoui v. Algeria, Views adopted on 1 December 2008, para. 7.7, and No. 1327/2004, Grioua v. Algeria, Views adopted on 16 August 2007, para. 7.9.