CCPR/C/113/D/2028/2011
disappeared persons in the territory of Bosanska Krajina, including Prijedor. Their
investigators are on site every day to collect information on potential mass graves and to
establish contacts with witnesses. In general, since 1998, 721 graves have been exhumed
and 48 other graves have been re-exhumed in this area, including the Municipality of
Prijedor, where the body of Mr. Ičić could perhaps be found. The State party informs the
Committee that two graves with unidentified human corpses were located in the area of
Trnopolje; that there was an order of the Court of Bosnia and Herzegovina for exhumation;
and that it had not been carried out yet due to weather conditions.
4.3
As part of its observations, the State party forwards to the Committee a letter from
the Office of the Prosecutor of Bosnia and Herzegovina, in which the Chief Prosecutor
points out that the author reported her son’s disappearance to ICRC, the Federal
Commission for Missing Persons and the Constitutional Court. However, she never applied
to the Office of the Prosecutor requesting an investigation into her son’s fate and
whereabouts, although his disappearance happened during the armed conflict and involved
the possible commission of a war crime. Accordingly, the Chief Prosecutor holds that it is
“doubtful whether [she] has exhausted all available domestic remedies”. He notes that it
was only on 20 December 2010 that the author sent a letter to his office concerning Mr.
Ičić’s disappearance; that it had been registered as a criminal complaint and assigned a case
number; and that a competent prosecutor intended to undertake an investigation on this
case. Likewise, the Attorney General’s Office of the Republika Srpska, Prijedor Office,
stated that it had not received any request for non-pecuniary damage for the author’s mental
suffering due to her son’s disappearance.
Author’s comments on the State party’s observations
5.1
The author submitted her comments on the State party’s observations on 3 June
2011. She welcomes the statement by the Office of the Prosecutor of Bosnia and
Herzegovina that her letter of 20 December 2010 had been considered and registered as a
criminal complaint, and considers it as a significant development. Nevertheless, she points
out that this information became known to her through the State party’s observations; that
she had not received any official notification by the Office of the Prosecutor about the
opening of an investigation on the disappearance of her son; and that she did not know
whether her son’s case had been or would be included as a priority case under the national
strategy for war crimes.
5.2
As to the exhaustion of domestic remedies, she reiterates that she has provided
information about her son’s disappearance to a number of organizations since 1992.
Therefore, the fact that her son was arbitrarily detained and seen alive for the last time in
Omarska was largely known by the main institutions dealing with missing persons in
Bosnia and Herzegovina, whose registries are available and accessible to the competent
judicial authorities in charge of investigating the crimes committed at Omarska. His name
remains registered as missing in the publicly accessible databases of these institutions. For
instance, the online inquiry tool set up by the International Commission on Missing Persons
contains his name as missing and indicates that, although DNA samples have been provided
by his relatives, no match has been found. Furthermore, the name of Mr. Ičić was included
in the list of the names of missing persons from Prijedor contained in the book entitled “Ni
krivi ni duzni”, which was sent to the Office of the Prosecutor by Izvor twice. Accordingly,
the Office, as well as other authorities, had in its possession or could have access to
sufficient information to initiate an ex officio investigation into her son’s arbitrary
detention and enforced disappearance.
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