CCPR/C/119/D/2206/2012 and Herzegovina Prosecutor’s Office, where it has remained since. In 2006, the President of the Association gave a statement to the prosecutor in charge of the case and in 2008 the authors, together with Rajko Lale, did the same. Twice in 2008, once in September 2009, and once in 2010, the President of the Association met with the prosecutor in charge of the case in order to obtain information on the progress of the case, but was informed that the case was ongoing. On 19 September 2012, the authors sent a letter to the Prosecutor’s Office requesting information on the most recent developments and progress made by the office in the case. No reply was received. Consequently, at the time when the authors filed their communication before the Committee, more than 11 years had passed since they had submitted their complaint to national authorities, without receiving any information on the status of the case. The authors argue that the lack of information about the steps taken in the case make them doubt whether any action or any progress has in fact been made. 2.13 Late in 2003, Mrs. Blagojević sent a request to the Republika Srpska Office for Tracing Missing and Captured Persons for a certificate registering Mrs. Popović as a missing person. On 15 December 2003, she received a certificate declaring that Mrs. Popović had been reported as missing for the purpose of “regulating the rights of the family prescribed by the law”, together with a missing person’s card for her mother. She did not receive any other information from the Office. On 29 June 2004, Vide Lale received the same certificate and card in respect of his mother. 2.14 In 2004 the authors, represented by the Association, filed an application before the Constitutional Court alleging various violations of the rights of the members of the association in the handling of the cases of their missing relatives. In a decision dated 13 July 2005, the Constitutional Court found that the authors’ rights to not be subjected to torture or inhuman and degrading treatment or punishment and to private and family life 5 had been violated by the Council of Ministers of Bosnia and Herzegovina, the government of the Federation of Bosnia and Herzegovina, the Government of Republika Srpska and the government of the Brčko Distict of Bosnia and Herzegovina in handling the cases of several missing persons, including the cases of Mrs. Lale and Mrs. Popović. 2.15 The Constitutional Court found that the authors had been relieved from pursuing remedies before Bosnian lower courts and declared itself competent to hear the case as “the applicants did not have at their disposal effective legal remedies for the protection of their rights”. On the merits, the Court found that the disappearances had taken place on the territory of the Federation of Bosnia and Herzegovina, which it noted had an obligation to investigate reports of disappearances on its territory, but had not provided any of the applicants with individual information about what had happened to their family members. The Court found that the Federation must have had certain information at its disposal about the reported disappearances of the applicants’ relatives that had not been submitted to the applicants. The Court found this fact sufficient to conclude that the competent organs in the Federation were refusing without any evident and reasonable justification to present to the applicants the information on the missing persons they had at their disposal. The Court ordered all relevant Bosnian institutions to send to it all accessible and available information relating to the victims who had gone missing during the conflict, no later than 30 days from the receipt of the Court’s decision. It also ordered, as stipulated in the 2004 Law on Missing Persons, the establishment of the Missing Persons Institute, the Fund for Support of Families of Missing Persons in Bosnia and Herzegovina and the Central Records of Missing Persons in Bosnia and Herzegovina. 2.16 The Constitutional Court did not adopt any decision on the issue of compensation, considering that it was covered by the provisions of the Law on Missing Persons concerning “financial support” and by the establishment of the Fund for Support to the Families of Missing Persons. The authors argue that the referred dispositions on financial support have not been implemented and that the Fund still has not been established. As the authorities had not complied with the order of the Constitutional Court, the President of the Association sent a complaint to the Court on 6 February 2006, on behalf of the authors and other relatives of victims. 5 4 Under articles 2.3 (b) and 2.3 (f) of the Constitution, and articles 3 and 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

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