CCPR/C/119/D/2206/2012
most complex war crimes, and that of “other war crimes” within 15 years, after the
adoption of the Strategy. The State party further refers to the adoption of the 2004 Law on
Missing Persons creating the Missing Persons Institute. 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 further notes that the Prosecutor’s
offices in Bosnia and Herzegovina have recorded a large number of alleged war crimes
cases and that, consequently, adjudicating all the indictments in a fair and efficient manner
will take a long period of time.
4.2
In a letter dated 15 February 2013 the Prosecutor’s Office of Bosnia and
Herzegovina notes that, in 2005, the Constitutional Court found that the authorities of
Bosnia and Herzegovina had violated the right of the authors not to be subjected to torture
or inhuman or degrading treatment or punishment, and their right to private family life, in
adjudicating the cases of their mothers. The Office further notes that the Court issued a
ruling on 27 May 2006 on the failure to enforce its earlier decision of 2005. The Office
notes that, after having received that ruling, the Office initiated an investigation on 15 May
2007 against unknown persons in the Council of Ministers of Bosnia and Herzegovina, the
government of the Federation of Bosnia and Herzegovina, the Republika Srpska
Government and the government of the Brcko District of Bosnia and Herzegovina for the
failure to implement the 2005 decision of the Court. The office notes that, over the course
of the investigation, a number of measures were taken, including the collection of detailed
reports on measures and activities carried out by the Office for Cooperation and
Representation of the government of the Federation of Bosnia and Herzegovina before the
Court, the Office of the Legal Representative of the Republika Srpska before the Court, the
Council of Ministers of Bosnia and Herzegovina, the government of the Federation of
Bosnia and Herzegovina, the government of the Republika Srpska and the government of
the Brcko District of Bosnia and Herzegovina. The Office further notes that, after a detailed
analysis, it was concluded that there was no evidence to support a reasonable suspicion that
someone in the Council of Ministers of Bosnia and Herzegovina, the government of the
Federation of Bosnia and Herzegovina, the government of the Republika Srpska or the
government of the Brcko District of Bosnia and Herzegovina had taken any passive or
active action in order to deny, prevent or otherwise impede the execution of the decision of
the Court. Accordingly, on 6 April 2011 the Office issued an order to suspend the
investigation of the case on the failure to enforce the decision of the Court. That decision
has become final and the case has been closed.
4.3
As regards the investigation into the disappearance of the authors’ mothers, the
Prosecutor’s Office notes that the Special Department for War Crimes has been
investigating a number of people suspected of having participated in the planning and
organizing of systematic detention, ill-treatment and murder of Serb civilians in the wider
Trnovo area during the conflict. The Office further notes that one of those suspects has
since been charged in his capacity as head of the Public Security Station of Trnovo with
having planned and initiated the establishment of police forces, military formations and
units of special purpose and of having incited and ordered the unlawful detention and
inhuman treatment of Serb civilians in the Trnovo area. The case is currently pending and
has the status of an active investigation. The suspects are alleged to have participated in the
commission of war crimes against civilians under article 173 of the Criminal Code of
Bosnia and Herzegovina. The Office further notes that Mrs. Popović is listed as a victim in
the case together with a large number of other victims. The Office notes that it has issued
an order of investigation in the case and argues that it has taken necessary investigative
actions in order to determine the circumstances of the crime. The Office further submits
that the outcome of the case is likely to have bearing on the case of the authors’ mothers
given that it refers to the disappearance of Serb civilians in the wider territory of the
municipality of Trnovo. The Office notes that the case is considered to be of high priority
under the National War Crimes Prosecution Strategy and should therefore be resolved
within the seven-year deadline established by the Strategy. The Office, however, notes that,
bearing in mind the complexity of the case and number of witnesses and victims involved,
and the quantity of evidence to be identified, it is impossible to give a precise time frame
for when the investigation may be completed. Finally, the Office submits that the
investigation into the disappearances of Mrs. Lale and Mrs. Popović meets the requirements
8