CCPR/C/114/D/2143/2012
Bosnia and Herzegovina1 of articles 6, 7, 9, 10 and 16 in conjunction with article 2 (3) of
the Covenant in respect of Mr. Dovadžija. They also allege that they are themselves victims
of a violation of article 7, read alone and in conjunction with article 2 (3), and of articles 17,
23 (1) and 24 (1) read in conjunction with article 2 (3) of the Covenant. The authors are
represented by the organization TRIAL: Track Impunity Always.
The facts as submitted by the authors
2.1
The events took place during the armed conflict prior to the independence of Bosnia
and Herzegovina. On 15 April 1992, Mr. Dovadžija started serving as a member of the
Territorial Defence of Bosnia and Herzegovina, guarding the village of Kadarići, Illijaš. At
the time, he was living there with his wife, Sakiba Dovadžija, and their baby daughter,
Dalisa. On 9 June 1992, Mr. Dovadžija was captured by members of the Vojska Republike
Srpske2 and taken to the army barracks known as “27 July” in Illijaš. Sakiba and Dalisa
Dovadžija were detained in a red building in Illijaš, together with other civilians. On 9 July
1992, Salih, Sakiba and Dalisa Dovadžija were exchanged with Serb prisoners and taken to
Breza, together with 90 other individuals.
2.2
After spending one night in Breza, Mr. Dovadžija, his wife and their daughter took a
bus to Kakanj, where Sakiba Dovadžija’s brother and mother lived. They spent one night in
the brother’s house, then moved to her mother’s home. Once they had settled, Mr.
Dovadžija left for Breza to check in with the local unit of the army of Bosnia and
Herzegovina. On about 25 July 1992, Mr. Dovadžija visited his wife and daughter in
Kakanj. He told his wife that he was carrying out his duty at Salkanov Han in Breza. On
about 10 August 1992, he visited them again. That was the last time that they saw him.
2.3
Ten days later, in the absence of any news from her husband, Ms. Dovadžija decided
to go Breza to look for him. She went to the army barracks and asked the guards where her
husband was. The soldiers said that they did not know and that they were also searching for
him. On the following day, Ms. Dovadžija returned to the barracks with her daughter.
While she was there, some of the soldiers told her that her daughter and husband were
“Chetnicks”,3 and that she should look for her husband.
2.4
Ms. Dovadžija was then allowed to talk to the head of the security unit of the army
of Bosnia and Herzegovina, Munir Alić, who openly told Ms. Dovadžija that her husband
was a Chetnick and that he had joined the enemy (the Vojska Republike Srpske). Ms.
Dovadžija and Mr. Alić started to argue. Mr. Alić hit Ms. Dovadžija with his fist, knocking
her down, then kicked her on the leg, all in the presence of her baby daughter. Military
police entered the room, took Ms. Dovadžija outside and offered her some water, and
scolded Mr. Alić. They then took Ms. Dovadžija outside the barracks and told her never to
come back as she could be killed.
2.5
Ms. Dovadžija went to see the mayor of Illijaš to ask for help and material support,
as she did not have any means to buy food and feed the baby. The mayor refused to provide
her with any kind of support as he had heard rumours 4 that her husband had joined the
enemy. The guard of the mayor of Illijaš then shared with her a confidential document
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4
Bosnia and Herzegovina is a State party to the International Covenant on Civil and Political Rights
(on 1 September 1993, it succeeded the former Yugoslavia, which ratified the Covenant on 2 June
1971), as well as to the first Optional Protocol thereto, which it ratified on 1 March 1995. The
Optional Protocol entered into force for Bosnia and Herzegovina on 1 June 1995.
The Vojska Republike Srpske is also commonly referred to as the Bosnian Serb Army.
A derogative term used to refer to Serb nationalists.
No further details are provided on this point.
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