CCPR/C/114/D/2143/2012 On 1 November 2011, she received a letter from the Cantonal Prosecutor’s Office in Sarajevo requesting her to appear before it on 11 November 2011 as a witness in the case of Trifko Radić and others.7 2.18 On 11 November 2011, Ms. Dovadžija went to the Cantonal Prosecutor’s Office. While she expected to be questioned on events relating to Trifko Radić, she was interrogated about her husband’s case. She was surprised and shocked, but once again reported his enforced disappearance and the steps that had been taken over the years to search for him. The Cantonal Prosecutor told Ms. Dovadžija that she would do “something” about her husband’s case. Ms. Dovadžija signed the document containing her statement, but was unable to obtain a copy of it. On 4 January 2012, she went to the Cantonal Prosecutor’s Office to formally request a copy, but was told that she was not entitled to one. On 16 January 2012, Ms. Dovadžija wrote a letter reiterating her request. She finally received a copy on 19 January 2012. 2.19 Since 1992, the authors of the communication have suffered from severe psychological stress owing to the uncertainty surrounding the fate and whereabouts of Mr. Dovadžija. The length of time and the apparent official indifference to their acute anxiety have led to deep frustration and humiliation on their part. They have been unable to find Mr. Dovadžija’s mortal remains and to mourn and bury him in accordance with their religious beliefs and customs. The authors have applied over the past 20 years to various official authorities, both in writing and in person. Despite their attempts, they have never received any plausible information about what happened to Mr. Dovadžija. Most of the few responses they received merely informed them that a tracing process had been initiated. 2.20 The suffering experienced over the past 20 years has particularly affected the psychological state of Sakiba Dovadžija, who has been diagnosed with mixed dissociative (conversion) disorders. Dalisa Dovadžija, who was a few months old when her father disappeared, was forced to grow up without him and has not been able to mourn him properly, which has affected her whole life. The complaint 3.1 The authors maintain that Mr. Dovadžija was the victim of enforced disappearance perpetrated by members of the Vojska Republike Srpske, that enforced disappearances entail multiple offences and that his disappearance amounts to a violation of articles 6, 7, 9 and 16 read in conjunction with article 2 (3) of the Covenant. His fate and whereabouts remain unknown since October 1992 and his disappearance occurred within the context of widespread and systematic violence. The fact that he was last seen alive in the hands of members of the Vojska Republike Srpske in life-threatening circumstances leads to the conclusion that he was in a situation in which he faced a grave risk of suffering irreparable damage to his personal integrity and life. 3.2 The authors argue that the failure by the State party to respect its positive obligation to investigate, prosecute and punish those responsible for the disappearance of Mr. Dovadžija amounts to a violation of articles 6, 7, 9, 10 and 16 read together with article 2 (3) of the Covenant. They refer to the report of an expert member of the Working Group on Enforced or Involuntary Disappearances, which states that the primary responsibility for carrying out those tasks remains with the authorities under whose jurisdiction a suspected mass grave falls.8 The authors also argue that the State party has an obligation to conduct a prompt, impartial, thorough and independent investigation into gross human rights 7 8 6 Case No. T090 0 KTRZ 0016155 95. See para. 78 of the report on the special process on missing persons in the territory of the former Yugoslavia (E/CN.4/1996/36).

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