ICCPR Case Digest

CCPR/C/115/D/2048/2011

Submission:

Case Summary

Kadiric v. Bosnia and Herzegovina

Substantive Issues
  • Arbitrary arrest
  • Right to life
  • Torture / ill-treatment
Relevant Articles
  • Article 2
  • Article 6
  • Article 7
  • Article 9
Full Text

Recommendations

In accordance with article 2 (3) (a) of the Covenant, the State party is under an obligation to provide the authors with an effective remedy. This requires it to make full reparation to individuals whose Covenant rights have been violated.

Accordingly, the State party is obligated, inter alia:

  • (a) to intensify its efforts to locate Ermin Kadirić’s remains, as required by the Law on Missing Persons, and have its investigators contact the authors as soon as possible to obtain from them information that could be helpful in the investigation;
  • (b) to strengthen its efforts to bring to justice those responsible for his arbitrary detention, ill-treatment and extrajudicial execution and for the concealment of his remains, without unnecessary delay, as required by the National Strategy for War Crimes Processing;
  • (c) to ensure that any psychological rehabilitation and medical care necessary is provided to the authors for the psychological harm that they have suffered; and
  • (d) to provide effective reparation to the authors, including adequate compensation and appropriate measures of satisfaction.

The State party is also under an obligation to prevent similar violations in the future and must ensure, in particular, that investigations into allegations of torture and cruel, inhuman and degrading treatment, summary and arbitrary killings and enforced disappearances and adequate measures of reparation are accessible to the families of victims.

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