CCPR/C/112/D/1970/2010
6.2
As regards the argument of the authors that they have received no information about
the status of the case of their husband and son, the State party states that the central
database of all pending war crimes cases provided for in the national war crimes
prosecution strategy is now functioning. The State party refers to the proceedings in course
against Drago Radosavljević and 10 other suspects for war crimes against civilians under
article 142 of the Criminal Code of the Socialist Federal Republic of Yugoslavia. It
indicates that “in September, the Prosecutor’s Office will give an order to the Federal
Ministry of Internal Affairs, Department for War Crimes, for the collection of information
and evidence in this case, i.e. hearing of witnesses, family members of the missing about
what they know about the illegal abduction and disappearance of civilians from the
municipality of Vogošća”.13
6.3
In its submission dated 6 October 2011, the State party also sent a letter the mayor
of Centar municipality stating that the register of deaths of Centar includes the name of a
person named Ramiz Kožljak, “a son of Hamid and Mejra … who died on 12 October 2003
in Sarajevo”, but that “given the date of the death, we believe that this is not the person for
whom the verification of data is required”.
Additional information submitted by the authors
7.1
On 14 and 21 October 2011, 23 January 2012 and 23 July 2013, the authors sent
comments related to the State party’s observations. Reiterating their initial submission, the
authors consider that the only new information included in the additional replies of the
State party is the reference to the order that the Prosecutor’s Office intended to give to the
Department of War Crimes of the Ministry of Internal Affairs in September for the
collection of information and evidence in the case of the illegal abduction and
disappearance of civilians from the municipality of Vogošća. The authors insist on their
availability and willingness to be called to give their testimony before the Department of
War Crimes and to be kept informed of the proceedings.
7.2
The authors further state that, on 11 October 2011, the Association of Relatives of
Missing Persons from Vogošća sent a letter to the Cantonal Prosecutor’s Office enquiring
as to whether the order referred to by the State party had been issued by the Prosecutor’s
Office and, if so, what activities had been carried out so far. The letter also reiterates that it
is of the utmost importance that the case be dealt with pursuant to the Criminal Code of
Bosnia and Herzegovina of 2003, and not the Criminal Code of the Socialist Federal
Republic of Yugoslavia, which does not include provisions on crimes against humanity and
the crime of enforced disappearance. In that regard, the authors refer to the report of the
Working Group on Enforced or Involuntary Disappearances on its mission to Bosnia and
Herzegovina, in which it emphasized that enforced disappearance being a continuous crime,
it could be punished on the basis of an ex post legislation without violating the principle of
non-retroactivity, for as long as the fate or whereabouts of the disappeared person has not
been clarified (A/HRC/16/48/Add.1, para. 57).
7.3
In their further submission, dated 23 July 2013, the authors state that, in April 2013,
they heard a rumour that the mortal remains of a person had been exhumed in Tihovići,
where Ramiz Kožljak went missing. The authors have nonetheless not been contacted or
kept informed by the State party. They argue that this situation has caused them stress,
anxiety, frustration and marginalization, and they consider that the silence of the State party
amounts to inhumane treatment. On 10 July 2013, Emina Kožljak sent a letter to the
Missing Persons Institute,urging it to carry out an identification of the said remains without
13
10
Letter from the Cantonal Prosecutor’s Office of Sarajevo Canton, dated 16 August 2011, annexed to
the documentation provided by the State party on 12 September 2011.