CCPR/C/114/D/2143/2012
6.3
The Department for the Protection of Veterans and People with Disabilities
indicated that the authors had not requested any allowance from it. Similarly, the Ministry
of Security replied that it was working on the issue of war crimes, but that its activities
were not related to the authors’ comments on the State party’s observations.
6.4
The Ministry of Justice stated that, despite the efforts made by the authorities of
Bosnia and Herzegovina to prosecute individuals allegedly involved in war crimes, “the
existing capacities are inadequate to dispose of all pending cases in a short period of time”
and called for additional investment.
Authors’ comments on the State party’s additional observations
7.1
On 30 November 2012, 9 April 2013 and 7 February 2014, the authors provided
additional comments. They reiterated their concern that the law on victims of torture is
referred to by the State party as a remedy for the authors, while its adoption remains
pending.
7.2
The authors express their concern at the affirmation of the Ministry of Justice that it
does not have sufficient capacity to prosecute all individuals allegedly involved in pending
cases shortly. More than 20 years have passed since Mr. Dovadžija’s enforced
disappearance and the authors are concerned that they will have to wait even longer for his
case to be resolved. The authors indicate that they have still not been contacted to provide
their testimony in the case of Mr. Dovadžija, despite the commitment made by the
Prosecutor’s Office.
7.3
As regards Ms. Dovadžija’s pension claims, the authors indicate that on 21 August
2012, the Cantonal Court of Sarajevo held that “the allegations from the claim are justified
and the disputed first instance ruling has violated the law at the damage of the claimant”. It
decided that Ms. Dovadžija’s claim should be re-examined by the Department for Veterans
and Persons with Disabilities, Social Welfare and Displaced Persons of Illijaš Municipality.
7.4
On 8 September 2012, Sakiba Dovadžija went to that Department to obtain
information on the documentation required for the new proceedings. She was received by
an officer who, instead of providing her with the required information, threw a copy of the
decision of the Cantonal Court on the table and warned Ms. Dovadžija in a threatening tone
never to come back again. That episode left Ms. Dovadžija in a state of acute psychological
shock, following which she had to be hospitalized at Jagomir Psychiatric Hospital, where
she remained from 11 to 26 September 2012.16 In her release letter from the hospital, Ms.
Dovadžija was diagnosed with depression and stress disorders. The letter also highlighted
that those pathologies started at the time of her husband’s disappearance and had recently
been exacerbated by her financial difficulties. The authors claim that the attitude of the
authorities of Bosnia and Herzegovina has contributed to the deterioration of her condition.
Ms. Dovadžija is in an extremely precarious state of physical and mental health and she has
difficulties covering the basic costs of her daily survival and accessing the treatment she
needs.
7.5
On 25 October 2012, Ms. Dovadžija wrote a letter to the same Department
denouncing the treatment she had received from the officer who she saw in September
2012, and recalling the decision of the Cantonal Court of Sarajevo. She did not receive a
reply. On 9 November 2012, she went again to the premises of the Department and spoke to
a different officer who offered to send her case to the Federal Ministry for Veterans. A
meeting was scheduled on 14 November, but Ms. Dovadžija could not attend owing to
health problems. The meeting is due to be rescheduled.
16
12
Documents related to the hospitalization are provided by the author.