CCPR/C/113/D/2028/2011 The facts as submitted by the author 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 and the Yugoslav National Army on the other. The conflict was characterized by ethnic cleansing operations and other atrocities, in which thousands of persons were killed, taken to detention camps or disappeared without leaving trace.1 Several of these disappearances occurred in Bosnian Krajina between May and August 1992, most prominently in the region of Prijedor. Hundreds of inhabitants of the area in and around Prijedor were brought to detention camps established by the Bosnian Serb forces, one of the most notorious the detention camp being at Omarska.2 Between 3000 and 5000 civilians were imprisoned in this camp, kept under inhuman conditions, physically and psychologically abused, tortured and arbitrary killed. In general, they stayed in overcrowded places and without proper hygiene arrangements, sufficient food and water and adequate medical care.3 2.2 When the events took place, Mr. Ičić was living in Trnopolje, Prijedor. The author claims that, on 10 June 1992, he was working in a field outside his house when members of the Bosnian Serb forces apprehended him. They threatened him with guns and rifles and forced him to walk in the direction of Omarska. Along the way, Mr. S.D. was also apprehended. While walking towards Omarska, they stopped for a while in front of the house of Mr. M.S. and Mr. S.S., who could see Mr. Ičić and Mr. S.D. in the hands of the members of the Bosnian Serb army. Afterwards, they were taken to the detention camp of Omarska. 2.3 On 11 June 1992, Mr. S.D. was allowed to leave the Omarska detention camp. When he arrived in Trnopolje, he contacted the author and told her that her son, Mr. Ičić, was being held in Omarska. He also told her that her son was being held in inhuman conditions of detention and was at risk of death. Mr. Ičić’s fate and whereabouts remain unknown since then. 2.4 On 17 June 1992, while the author was at home with her other four children, a soldier of the Bosnian Serb forces came, started shooting and ordered her to leave the house. They were brought to the detention camp in Trnopolje, where they stayed for one night. Then they went to Zenica, where she reported her son’s disappearance to the local office of the International Committee of the Red Cross (ICRC). On 3 July 1992, the author and her children fled to Slovenia. 2.5 In August 1992, the author reported her son’s disappearance to ICRC in Jasenice, Slovenia, and, in 1993, she sent a letter with pictures of him to ICRC in Croatia. Between 1995 and 1996, she approached the local office of ICRC in Slovenia and the ICRC Tracing Agency in Zagreb, without success. 1 2 3 See E/CN.4/1996/36, paras. 22, 49-60, 67-68, 85 and 88. See reports E/CN.4/1995/37, paras 3, 36 and 52; and E/CN.4/1997/55, paras 3, 94 and 98-106. See final report to the Security Council of the Commission of Experts established pursuant to Security Council resolution 780 (1992), S/1994/674/Add.2 (Vol. I). See also the jurisprudence of the International Tribunal for the Former Yugoslavia in relation to case Prosecutor v. Radoslav Brdanin, judgement of the trial chamber of 1 September 2004 (case No. IT-99-36-T), paras. 118 and 159; and case Prosecutor v. Miroslav Kovčka et al., judgement of the trial chamber of 2 November 2001 (case No. IT-98/30-1), paras. 18 and 28-44. 3

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