CCPR/C/114/D/2143/2012
five years from the exhaustion of domestic remedies has not elapsed in the present case.
Moreover, taking into account the continuous nature of enforced disappearances, the
authors consider that rule 96 (c) rule should not be applied in such cases. The authors
submit that, even though the events took place before the entry into force of the Optional
Protocol for the State party, enforced disappearances of persons are per se a continuing
violation of several human rights.
State party’s observations on admissibility and on the merits
4.1
In its observations dated 6 June 2012, the State party submitted copies of 10 letters
from State agencies and entities.13 According to the letter from the Ministry of Justice dated
9 May 2012, after ratification of the General Framework Agreement for Peace in Bosnia
and Herzegovina and the Annexes thereto in 1995, the authorities of Bosnia and
Herzegovina made efforts to find an effective and equitable way to dispose of thousands of
war crimes indictments. Along with the establishment of the legal framework for war
crimes prosecution, the Court of Bosnia and Herzegovina and the Prosecutor’s Office were
set up with exclusive jurisdiction over war crimes cases. Any report of war crimes received
by other prosecutors or courts was to be submitted to the Prosecutor’s Office for
consideration and review in accordance with established criteria. Thus, considering how
serious a case was, the Court might transfer the proceedings to another court on the territory
where the crime was committed. Owing to the large number of war crimes, on
29 December 2008, the Council of Ministers adopted the National War Crimes Prosecution
Strategy. One of the goals of the Strategy was to finish prosecuting individuals allegedly
involved in the most complex war crimes cases in 7 years and prosecution of individuals
allegedly involved in other war crimes in 15 years from the adoption of the Strategy. At the
proposal of the Ministry of Justice, the Council of Ministers established a supervisory body
to monitor the implementation of the Strategy. The Ministry of Justice concluded that the
authorities of Bosnia and Herzegovina were taking significant steps in the prosecution of
individuals allegedly involved in war crimes and resolving the fate of the missing persons.
However, considering the large number of applicants, the process could not end quickly.
4.2
In a letter dated 10 May 1992, the Court of Bosnia and Herzegovina indicated that
the authors of the communication had not submitted a complaint to the Court and that they
were not registered in the records of the Department for Witness Support. Similarly, the
High Judicial and Prosecutorial Council, in a letter dated 8 May 2012, noted that it had no
legal obligation or authority to keep records and provide information that would enable it to
reply to the allegations presented in the communication. In a letter dated 17 May 2012, the
Ministry of Defence indicated that it did not have any information on the case of Salih
Dovadžija; and in a letter dated 10 May 1992, the Ministry of Security indicated that the
State Investigation and Protection Agency had not intervened in his case.
4.3
According to a letter dated 10 May 2012 from the Prosecutor’s Office of Bosnia and
Herzegovina, the Special War Crimes Department was investigating a number of persons
for their possible participation in the planning and organization of the enforced relocation
of thousands of non-Serb civilians; forming, organizing and operating camps and prisons in
the municipalities of Hadžići, Ilídža and Vogošća in which they imprisoned non-Serb
civilians and deciding their fate. The suspects were charged with direct and command
13
The letters were from the following: Ministry of Justice; Ministry of Defence; Court of Bosnia and
Herzegovina; High Judicial and Prosecutorial Council of Bosnia and Herzegovina; Prosecutor’s
Office of Bosnia and Herzegovina; State Investigation and Protection Agency within the Ministry of
Security; Missing Persons Institute; Federal Ministry of Labour and Social Policy; Ministry of
Labour, Social Policy, Displaced Persons and Refugees of the Canton of Sarajevo; and Mayor of
Novo Sarajevo.
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