CCPR/C/112/D/1970/2010
Civil and Political Rights. The authors are represented by TRIAL (Track Impunity
Always). 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. On 4 July 1992, members of the Yugoslav National Army (JNA)
surrounded the village of Tihovići and apprehended 13 civilians. At the time, the area of
Tihovići was under the control of the Serbian Democratic Party. In addition, from April to
August 1992, a variety of Serb paramilitaries were operating in the area. According to eye
witnesses, the 13 men were taken to a meadow in Tihovići and were beaten and tortured in
the presence of the eyewitnesses.2 Shortly afterwards, the members of the JNA ordered the
women present to leave. The authors consider it likely that the 13 men were subsequently
arbitrarily executed by the members of the JNA and their remains transferred to a nearby
stream in Tihovići. On the same day, Ramiz Kožljak learned about the possible execution
of the 13 men. In order to save their lives, he and two others, Salem Kahriman and Mušan
Halač, decided to escape to the nearby village of Vrapče, which was under the control of
the JNA. As they were approaching Vrapče, Ramiz Kožljak suggested splitting up to avoid
looking suspicious. The authors consider it likely that he was captured and arbitrarily
executed by members of the JNA, which was in control of the area surrounding Vrapče.
The fate and whereabouts of Ramiz Kožljak have remained unknown since then and his
mortal remains have neither been located nor identified. Ramiz Kožljak had been enrolled
in the army since the beginning of the conflict. When the events took place on 4 July 1992,
he was not taking part in any combat operation.
2.2
Since June 1992, Emina Kožljak and her son, Sinan Kožljak, had been staying at her
sister’s place in Visoko. On 4 July 1992, the son of Emina Kožljak’s sister heard on the
radio that Tihovići had been seized by the JNA. Upon learning of the events, Sinan Kožljak
immediately went to the headquarters of the Bosnian Army in Breza to denounce his
father’s enforced disappearance. He returned there on a number of occasions and in 1993,
he managed to obtain a list of all the names of those allegedly captured and arbitrarily
executed on 4 July 1992 by the JNA in Tihovići, which included the name of Ramiz
Kožljak. Sinan Kožljak also reported the enforced disappearance of his father to the Red
Cross and to the local police station.
2.3
The armed conflict came to an end in December 1995, when the General Framework
Agreement for Peace in Bosnia and Herzegovina entered into force.3
2.4
In spite of the complaints filed by Emina and Sinan Kožljak to the local authorities
and to the Red Cross, no ex officio, prompt, thorough, impartial, independent and effective
investigation has been carried out in order to locate Ramiz Kožljak, or to exhume, identify
and return his remains to his family. Notwithstanding the existence of strong evidence as to
the identity of those responsible for the apprehension, enforced disappearance and possible
arbitrary execution of Ramiz Kožljak, no serious investigation has been carried out and no
one has been summoned, indicted or convicted for the above-mentioned crimes.
2.5
Under the Federation Law on Administrative Procedure, relatives of disappeared
persons were requested to obtain a decision from local courts declaring their loved ones
2
3
A declaration signed by eye witnesses is annexed to the present communication. All the eyewitnesses
referred in the complaint are women.
In accordance with the Dayton Agreement, Bosnia and Herzegovina consists of two entities: the
Federation of Bosnia and Herzegovina and Republika Srpska. Brčko District was formally
inaugurated on 8 March 2000 under the exclusive sovereignty of the State and international
supervision.
3