CCPR/C/113/D/2028/2011 3.9 In conclusion, the author claims that the State party has violated her son’s rights under articles 6, 7, 9, 10 and 16, all read in conjunction with article 2, paragraph 3, of the Covenant. 3.10 The author alleges that she is herself a victim of a violation by the State party of article 7, read in conjunction with article 2, paragraph 3, of the Covenant. She has been subjected to deep anguish and distress owing to her son’s enforced disappearance, as well as to the acts and omission of the authorities in dealing with the issues for more than 20 years. Furthermore, against her real will, she was de facto obliged to obtain a decision declaring her son dead since it was the only way to accede to a pension and alleviate her difficult material situation. Despite her efforts, her son’s fate and whereabouts remain unknown and, in the event of his death, his remains have not been returned to the family, fostering her ongoing anguish and frustration in not being able to give him a proper burial. She has applied to various official authorities with enquiries, but she has never received any plausible information. The author points out that the authorities failed to implement the judgements of the Constitutional Court of 13 May 2008 and the Law on Mission Persons, in particular those concerning the establishment of the Fund for Support to the Families of Missing Persons in Bosnia and Herzegovina, leaving families of missing persons without appropriate reparations. Against this background, the attitude of indifference of the State party’s authorities to her requests amounts to inhuman treatment. 3.11 The author requests the Committee to recommend the State party to: (a) order an independent investigation as a matter of urgency concerning the fate and whereabouts of her son and, in the event that his death is confirmed, to locate, exhume, identify and respect his mortal remains and return them to the family; (b) bring the perpetrators before the competent authorities for prosecution, judgement and sanction, and disseminate publicly the results of this measure; (c) ensure that she obtain integral reparation and prompt, fair and adequate compensation; and (d) ensure that the measures of reparation cover material and moral damage and measures of restitution, rehabilitation, satisfaction and guarantees of non-repetition. Among other measures, she requests that the State party provide her with medical and psychological care immediately and free of charge, through its specialized institutions. As a guarantee of non-repetition, the State party should amend its current legal framework so that providing social benefits and measures of reparations to relatives of victims of enforced disappearance is not subjected to the obligation to obtain a municipal court’s decision declaring the death of the victim. The State party should also establish as soon as possible educational programmes on international human rights law and international humanitarian law for all members of the army, the security forces and the judiciary. State party’s observations on admissibility and merits 4.1 In its note verbale of 27 April 2011, the State party submitted its observations on admissibility and merits. It refers to the legal framework that has been established for the prosecution of war crimes in the post-war period since December 1995. It states that a national strategy for war crimes was adopted in December 2008, with the objective of finalizing the prosecution of the most complex war crimes in seven years, and of “other war crimes” within 15 years of the adoption of the strategy. The State party refers to the adoption of the 2004 Law on Missing Persons, creating the Missing Persons Institute, with the aim of improving the process of tracing missing persons and identifying mortal remains. It recalls that, of the nearly 32,000 people who went missing during the war, the remains of 23,000 persons have been found and 21,000 identified. 4.2 In April 2009, the Missing Persons Institute established a regional office in Sanski Most and a field office and organizational units. The State party considers that those initiatives provide the conditions for faster and more efficient processes to search for 8

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