CCPR/C/115/D/2064/2011
information relevant to determining the identity of persons who had gone missing in
Sarajevo during the war and whose fate remained unknown. The Office for Tracing
Detained and Missing Persons also requested access to the records of the exhumation and
the bone samples taken from the bodies in order to match locations with its own data, and
asked for DNA analysis. The letters referred to 32 unidentified corpses buried in the
cemetery of Visoko in 2003, one of which might have been the mortal remains of Božo
Mandić.6 In a letter dated 6 September 2006 to the Office of the Cantonal Prosecutor, the
Office for Tracing Detained and Missing Persons stated that it had carried out exhumations
and searched for mortal remains at a site indicated by a witness, Mr. Pešic, but that no
traces of human bones had been found. Consequently, the Office searched further and
established that exhumations had previously been carried out at that site, and that on 4
November 1998, six bodies were exhumed and transferred to the Vlakovo cemetery.
2.6
In letters dated 12 February 2007 to the author and the Republika Srpska Office for
Tracing Detained and Missing Persons, the Office of the Cantonal Prosecutor confirmed
that exhumations had been carried out in Lukavička Road between September and
November 1998 and mentioned the similarity between the author’s father’s case and
another case (KTA-28/98 RZ) in which two bodies had been exhumed from the Lukavička
Road and transferred to the Visoko cemetery. The Office of the Cantonal Prosecutor also
stated that it had forwarded a report on the matter to the Office of the Prosecutor of Bosnia
and Herzegovina on 9 March 2006. However, Milan Mandić never received any further
communications from either the Office of the Cantonal Prosecutor or from the Office of the
Prosecutor of Bosnia and Herzegovina. He instead received a letter dated 6 June 2006 from
the Federal Commission on Missing Persons addressed to his mother, who had died in the
meantime, asking her to provide detailed information about the disappearance of her
husband. On 17 February 2011, he sent a letter to the Office of the Prosecutor of Bosnia
and Herzegovina formally requesting to be informed about the outcome of the
investigations. He has not received any reply.
2.7
On 5 April 2004, Milan Mandić gave samples of his DNA and filed an ante-mortem
questionnaire about Božo Mandić through ICRC. No reply was received to this initiative.
Božo Mandić is still registered as a missing person with ICRC, the International
Commission on Missing Persons and the Missing Persons Institute of Bosnia and
Herzegovina.
2.8
Božo Mandić’s wife had applied in December 2003 to the Human Rights
Commission within the Constitutional Court of Bosnia and Herzegovina, claiming a
violation of article 3 (prohibition of torture) and article 8 (right to respect for private and
family life) of the Convention for the Protection of Human Rights and Fundamental
Freedoms (European Convention on Human Rights) in connection with article 1 of the
General Framework Agreement for Peace in Bosnia and Herzegovina (Dayton Agreement).
The Constitutional Court decided to join her claim to other claims submitted by relatives of
missing persons and to process them as a collective case. On 15 December 2005, the
Constitutional Court adopted a decision on the admissibility and the merits of the case,
referring to a previous case of the Constitutional Court in which it had concluded that the
applicants were relieved of having to exhaust domestic remedies before ordinary courts as
no specialized institution on enforced disappearance in Bosnia and Herzegovina seemed to
be operating effectively.7 The Court found a violation of articles 3 and 8 of the European
Convention in conjunction with article 1 of the Dayton Agreement, owing to the lack of
6
7
4
This letter indicates that the Office believed that individuals whose names were on its tracing list had
been buried in the Visoko cemetery. Božo Mandić was on that list.
Constitutional Court of Bosnia and Herzegovina, M.H. and others (case No. AP-129/04), 27 May
2005, paras. 37-40.