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Human Rights Council for the International Covenant on Civil and Political Rights, Communications by E. Kožljak et al





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This case concerns the enforced disappearance of Ramiz Kožljak from the town of Tihovići during the war in Bosnia and Herzegovina. The case was submitted to the Committee by his surviving child and wife.

The Committee begins its Communication by mentioning that the Constitutional Court of Bosnia and Herzegovina has held in February 2006 that the authorities of the State had violated the rights of the claimants by failing to take effective measures to investigate the fate and whereabouts of their husband/father. In November 2006 the Court held that the authorities had failed to enforce its previous decision.

Nearly 18 years since the disappearance of Ramiz Kožljak, and more than three years after the judgment of the Constitutional Court, the authorities have not contacted the surviving family for or with information regarding his disappearance. The family was not given the timely opportunity to contribute their knowledge to the investigation into the disappearance of their husband/father. Information that the family has obtained about the investigation was only provided to them at their own request. The foregoing constitutes a violation of Articles 6, 7, and 9 jo. 2 para. 3 of the Covenant with regard to the victim, and Article 7 jo. 2 para. 3 of the Covenant with regard to the claimants.

The State was given 180 days to inform the Committee on the measures that it will take to provide for an effective remedy that will give effect to the views adopted by the Committee.

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