CCPR/C/114/D/2143/2012
Authors’ further comments
9.1
In a letter dated 7 February 2014, the authors indicated that Ms. Dovadžija’s mental
health, depression and living conditions deteriorated further following the rejection of her
claim for a monthly pension on the ground that her husband had “voluntarily deserted the
unit”.
9.2
The authors argue that the decision of the Federal Ministry for Veterans amounts to
a denial of the disappearance of their husband and father. They recall that Mr. Dovadžija
was last seen in October 1992 in life-threatening circumstances in the hands of the Vojska
Republike Srpske. They recall that the State party’s authorities have not provided any
information to the contrary and that Mr. Dovadžija remains officially registered as a
missing person. The authors have been struggling over the years to unveil the truth about
the fate and whereabouts of Mr. Dovadžija, to no avail, and they face perpetual
revictimization.
Issues and proceedings before the Committee
Consideration of admissibility
10.1 Before considering any claims contained in a communication, the Committee must
decide, in accordance with rule 93 of its rules of procedure, whether or not it is admissible
under the Optional Protocol to the Covenant.
10.2 As required under article 5 (2) (a) of the Optional Protocol, the Committee has
ascertained that the same matter is not being examined under another procedure of
international investigation or settlement. The Committee notes that it is undisputed that the
authors have exhausted all available domestic remedies, as required under article 5 (2) (b)
of the Optional Protocol.
10.3 The Committee notes that the State party has not challenged the admissibility of the
communication and that the authors’ allegations regarding violations of articles 6, 7, 9, 10,
16, 17, 23 (1) and 24 (1) read in conjunction with article 2 (3) of the Covenant, and of
article 7 read alone, have been sufficiently substantiated for the purposes of admissibility.
All admissibility criteria having been met, the Committee declares the communication
admissible and proceeds to its examination on the merits.
Consideration of the merits
11.1 The Committee has considered the present communication in the light of all
information made available to it by the parties, as required under article 5 (1) of the
Optional Protocol.
11.2 The Committee takes note of the authors’ claims that on 9 June 1992, Mr. Dovadžija
was apprehended by Vojska Republike Srpske soldiers and taken to the army barracks in
Illijaš; after having been released, he returned to the army; his name appeared in a
confidential list of men who had been captured by the Vojska Republike Srpske, and that
document also indicated that he had been “wounded in Blažuj”. The Committee notes that,
according to eyewitnesses, Mr. Dovadžija was captured and deprived of his liberty with
them; they were all subjected to ill-treatment and forced labour while held in detention
facilities in Semizovac; they were used as human shields at the front line in Žuć; and they
saw Mr. Dovadžija for the last time in October 1992, when he was in the hands of the
Vojska Republike Srpske, in life-threatening circumstances. The Committee also notes the
authors’ argument that against that background, it is reasonable to presume that their
husband and father became a victim of enforced disappearance by the Vojska Republike
Srpske sometime after June 1992. No investigation has been carried out by the State party
to clarify Mr. Dovadžija’s fate and whereabouts and to bring the perpetrators to justice. In
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