CCPR/C/115/D/2048/2011
Kadirić, also in conjunction with article 24 of the Covenant.1 The authors are represented
by counsel. The Optional Protocol entered into force for the State party on 1 June 1995.
The facts as submitted by the authors
2.1
The events took place during the armed conflict surrounding the independence of
Bosnia and Herzegovina, between the Bosnian governmental forces on one side and the
Bosnian Serb forces (VRS) and the Yugoslav National Army on the other. The conflict was
characterized by ethnic cleansing operations and other atrocities, in which thousands of
people were killed, taken to detention camps or disappeared without a trace.2 Several of
these disappearances occurred in Bosnian Krajina between May and August 1992, most
particularly in the region of Prijedor.3
2.2
On 20 July 1992, VRS attacked the village of Rizvanovići where the Kadirić family
used to live, as well as other villages on the left bank of the Sana river.4 The authors claim
that, at the time of the attack, they were in the family house, together with Ermin Kadirić
and other relatives. Heavily armed VRS members went from house to house in groups of
three or four. A group of soldiers arrived at the authors’ house, apprehended Ermin Kadirić
and took him outside. They also ordered Emira Kadirić and the other persons present to
remain inside the house and to close the door. The authors claim that this was the last time
that they saw their loved one alive. Through the window they saw that all the men captured,
including the authors’ relative, were gathered together by VRS soldiers and subjected to
severe ill-treatment over a number of hours. Ermin Kadirić was forced to watch for over
two hours with the mutilation, ill-treatment and systematic humiliation of several men. At a
certain point, the soldiers ordered the men who had been captured to run and began
shooting at them. The shooting continued for over an hour.
2.3
The authors continued to hide in their house for a day and a half. When they finally
went outside, they saw the dead bodies of men, many of them mutilated, all around. Ms.
Kadirić located the body of Ermin Kadirić, lying on the ground. She and her sisters
attempted to get closer, but they were forced to leave him immediately and return to the
house because snipers started shooting at them. They claim that the dead bodies were in a
poor condition and had already started decomposing. That was the last time that Ms.
Kadirić saw her husband.
2.4
In the following days, VRS members returned to the authors’ house, took their
valuables and threatened them. Then, the authors, together with others, were forced to walk
in line down a road where all the dead bodies had been piled. They were taken to the
Trnopolje concentration camp, where they remained for about 21 days. The authors further
claim that, in the camp, they were subjected to ill-treatment and forced to live in inhuman
conditions. Ms. Kadirić and her children were then transferred to a refugee camp in
Travnik. While in the camp, Ms. Kadirić reported for the first time her husband as missing
to the authorities in charge of the camp. Afterwards, Ms. Kadirić, together with her
children, managed to leave the camp and to flee to Germany, where Ms. Kadirić’s father
lived. In Germany, Ms. Kadirić met with a person from her village, V.H., who told her that
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2
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4
The authors’ claim under article 26, read in conjunction with article 2 (3), of the Covenant, was raised
in their comments on the State party observations of 19 July 2011 (see para. 5.10 below).
The authors refer to E/CN.4/1996/36, paras. 22, 49-60, 67-68, 85 and 88.
The authors also refer to E/CN.4/1995/37, paras. 3, 36 and 52, and E/CN.4/1997/55 and Corr.1, paras.
3, 94, 98-106.
The authors refer to S/1994/674/Add.2 (vol. I), chap. VII.D and F; as well as to the jurisprudence of
the International Criminal Tribunal for the former Yugoslavia in relation to Prosecutor v. Milomir
Stakić, judgement of the Trial Chamber of 31 July 2003 (case No. IT-97-24), paras. 259-261.
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