CCPR/C/117/D/2100/2011 victim of violations of articles 7 and 14 of the Covenant. He is not represented. The Optional Protocol entered into force for the State party on 26 June 1992. The facts as submitted by the author 2.1 The author submits that on 12 February 2004 a ship (also described as a motor vessel) called Hera and sailing under the Cambodian flag sank in the Black Sea, in Turkish territorial waters, a few miles away from the Bosphorus. The sinking is said to have taken place in a matter of minutes. The vessel’s crew consisted of 19 members: 17 Bulgarian and 2 Ukrainian nationals.1 The bodies of five crew members were recovered 40 days after the disaster, of which three were of Bulgarian sailors and two of Ukrainians; 14 Bulgarian crew members, including the author’s son, are still unaccounted for. 2.2 On 16 February 2004, criminal proceedings against unknown perpetrators were initiated by the Prosecutor’s Office in Bulgaria. After the investigation, which was carried out in cooperation with the Turkish authorities, the Prosecutor’s Office decided on 9 April 2010 to discontinue the pretrial proceedings. The attribution of the shipwreck to bad weather, the ship’s poor maintenance and the captain’s mistake was deemed satisfactory. During the pretrial proceedings, the author and other victims’ relatives submitted a request to the Prosecutor’s Office to start an investigation on the separate offence of “enforced disappearance”, requesting the Prosecutor to question Bulgarian and Turkish State officials about their knowledge of the facts and of evidence of possible enforced disappearance committed by the Turkish military forces. The Prosecutor did not accede to their request.2 2.3 The author appealed before the City Court of Sofia against the decision of the Prosecutor’s Office to close the investigation. The appeal was based on the author’s contention that the investigation had not been carried out in an impartial, objective and complete manner. On 4 June 2010, the Court found that the Prosecutor’s decision was grounded and lawful. It considered that the accusations made by the author and other victims’ relatives that the Prosecutor and investigators deliberately hid facts and that the evidence were groundless; that the shipwreck seemed indeed to have been caused by wrong estimation and bad meteorological conditions; and that the end of criminal proceedings did not imply termination of all forms of investigation, which would continue to be carried out in cooperation with all stakeholders, including Turkey. The decision was not subject to appeal. The complaint 3.1 The author claims that his son is the victim of an enforced disappearance in violation of articles 6 and 9 of the Covenant. For the purpose of his claim, he refers to the definition of enforced disappearance provided in article 7 (2) (b) (i) of the Rome Statute of the International Criminal Court. He also alleges that he is the victim of a violation of articles 7 and 14 of the Covenant. 3.2 Recalling paragraph 4 of the Committee’s general comment No. 6 (1982) on the right to life, the author considers that the State party has failed to take effective measures to protect his son’s life and has not thoroughly investigated the disappearance of his son and the other seamen, in violation of article 6 of the Covenant. The author recalls that the right to life is one of the fundamental rights violated in cases of enforced disappearance. He further argues that any act of enforced disappearance involves a violation of article 9, which protects individuals from arbitrary detention. The lack of a proper investigation by the State 1 2 2 According to the submissions, there were no other passengers on board. The author notes that the crime of enforced disappearance does not exist under Bulgarian law.

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