In June 2012, TRIAL submitted an alternative alternative report to the UN Human Rights Committee.

In July 2011, TRIAL submitted an alternative alternative report to the UN Human Rights Committee.

The reports describe the human rights situation prevailing in Kenya’s Mont Elgon disctrict, notably the massive violations committed there in 2008 and the enduring and complete state of impunity that still lingers.

The reports point out the mutliple violations of the International Covenant on Civil and Political Rights committed by Kenya.

Geneva, 27 May 2011. The United Nations Human Rights Committee has recently condemned Algeria for the enforced disappearance of M. Brahim Aouabdia, a tailor of 50 years of age, married and father of six children, living in Constantine at the time of his disappearance. On 30 May 1994, M. Aouabdia was arrested at his workplace. Many other individuals were also arrested in Constantine in the days prior to and after his arrest.
RTEmagicC_Aouabdia_18.jpgM. Aouabdia has never been seen since. His spouse has moved heaven and earth to uncover news about his fate, but to no avail.

In its decision, the Human Rights Committee affirmed that Algeria, through its enforced disappearance of Mr. Aouabdia, violated numerous rights guaranteed by the International Covenant on Civil and Political Rights, one of the most important conventions of the United Nations, notably the rights to life and not to be subject to torture or to inhumane treatment. Algeria was also found to have inflicted an inadmissible treatment on his spouse and his children by subjecting them to great anxiety and distress.

In particular, the Committee requested Algeria to “conduct a deep and rigorous investigation into the disappearance of Brahim Aouabdia”, to “furnish his family with detailed information concerning the results of its investigation”, to free him immediately if he is still being secretly detained or, if he is deceased, to return his mortal remains to his family. Moreover, the Committee insisted on Algeria’s obligation to “indict, put on trial and punish those responsible for the violations committed”. Algeria was also required to pay an adequate compensation to the spouse and family of the victim for the violations endured.

TRIAL expressed its great satisfaction following this decision by the Committee. For Philip Grant, Director of the organisation, “17 years after the event, this decision clearly and finally recognizes the responsibility of Algeria in the disappearance of an individual, Mr. Aouabdia, among the thousands of others who have suffered the same fate. Algeria has institutionalized impunity for the crimes committed during the civil war, even validating it through its laws. None of those responsible have ever been brought to justice. The United Nations has reminded Algeria in the strictest terms that such a system inadmissibly violates international law”. Mr. Grant added that “such crimes must not sink into oblivion. Algeria is now obliged to rapidly conduct an investigation and punish the authors. It is imperative that the international community should finally require this State to respect the conventions it has ratified”.

TRIAL is currently handling some 63 cases before different international instances (European Court of Human Rights, Human Rights Committee and Committee against Torture), concerning cases of enforced disappearances, extrajudicial executions and torture in several countries including Algeria, Bosnia Herzegovina, Libya and Nepal. Fifteen of these cases concern Algeria.

The Aouabdia v. Algeria case is the first case handled by TRIAL leading to a decision.

General context

Some 7000 to 20.000 persons, depending on different sources of information, have been arrested or abducted by the combined Algerian security services as well as by militia forces armed by the government between 1992 and 1998, and are still missing.

To date, none of the families of the victims of enforced disappearances have received information about the whereabouts of their relatives. No investigations have ever been conducted as a result of a criminal complaint or other procedure being lodged and though the authors and sponsors of the crimes are known, none of them has ever been investigated or brought to trial.

For more information

TRIAL has recently submitted two individual communications to the United Nations Human Rights Committee regarding the enforced disappearance and torture of Jit Man Basnet in Nepal in February 2004 and regarding the arbitrary arrest, ill-treatment and execution of Ermin Kadiric in Bosnia-Herzegovina July 1992.

Jit Man Basnet is a journalist and a lawyer in Kathmandu. On 4 February 2004, he was arrested by security forces and brought to a detention camp known as Bairabnath Battalion barracks.

During the first three days of detention Jit Man Basnet was extensively tortured and beaten. There was no fixed routine, the soldiers would come for him at any time of night or day. Beyond the physical pain inflicted by the severe beatings, not knowing when they would come again provoked an ongoing mental distress. The guard accused him having contacts with the Maoists, when he explained he had no information about Maoists, the torture would only get worse. The detention conditions were inhuman. During 258 days Jit Man Basnet was continuously blindfolded and handcuffed.

From 2001, he recourse to enforced disappearances, torture, summary executions and arbitrary detentions by State agents and Maoists was generalized. Arbitrary detention and torture were used years after the end of the state of emergency against all those suspected of affiliation with the Maoists. It is within this context that Jit Man Basnet was detained and disappeared for over 8 months.

  • For more information on the Basnet case, please click here.

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In January 2011, TRIAL submitted an application concerning the case of Ermin Kadirić who was arrested by members of the Bosnian Serb forces (Vojska Republike Srpske – VRS) and of paramilitary groups in July 1992. Together with other men from the neighborhood, he was ill-treated for hours and eventually executed by members of the VRS. In son and wife have been living in a lacerating situation of uncertainty as they were never informed about his whereabouts, as his body has disappeared, nor about the progress and results of any investigation.

10 December 2010 – On the occasion of the International Human Rights Day, the anniversary of the adoption of the Universal Declaration of Human Rights, TRIAL continues its fight against impunity around the globe and is submitting three new cases from Nepal, Algeria and Bosnia and Herzegovina to the United Nations Human Rights Committee.

Thousands of families of victims of enforced disappearances are deprived of any information regarding the fate of their loved ones. Condemned to a life of uncertainty, each day torn between doubt and hope, these families are ignored by public authorities and the perpetrators of these crimes remain unpunished. This is why TRIAL continues to use international instruments to denounce violations of human rights across the world, and is presenting to the Committee today three new cases concerning Nepal, Algeria and Bosnia and Herzegovina. The subject of human rights is by nature universal and transcends borders. By submitting three cases in the names of the victims from three continents, TRIAL is demonstrating that the fight against impunity is far from over.

In 2001, conflict between Nepalese government forces and Maoist insurgents increased to such an extent that a state of emergency had to be declared. During this tense time, many civilians were the targets of enforced disappearances and acts of torture, particularly by the police. Tej Bhandari, a retired teacher, was well-known locally for his involvement and role within the village of Sampari.

On 31 December 2001, on his way to the head of the district’s office where he had been summoned, he was arrested by a group of police officers when alighting the bus. He was beaten in the street in front of passers-by, before one of the police officers tied Bhandari’s hands behind his back and blindfolded him while he was unconscious. The police officers then forced him into their vehicle and headed for an unknown destination. Ever since, Tej Bhandari’s family have not received any tangible information regarding what happened to him after his arrest and the Nepalese authorities have refused to investigate the case.

TRIAL has therefore submitted this case to the United Nations Human Rights Committee on behalf of the victim’s son, requesting Nepal be asked to look into the circumstances of his disappearance and put to an end to the impunity of those responsible.

Between 1992 and 1998, the Algerian government was involved in mass repression of any person suspected of having a connection with the Islamic Salvation Front, a political party disbanded on 4 March 1992. Within this context, thousands of people were reported missing, including Rachid Sassene, then aged 47 and father to four children.

On 18 May 1996 at 11:00pm, around twenty police officers, both in uniform and plain clothes, burst in his house and took him to the central police station of Constantina, along with his wife. Released two weeks later and given a suspended sentence for “supporting a terrorist group”, she never saw her husband again after they were detained at the police station, despite multipe steps taken before the Algerian authorities

Prevented under the threat of imprisonment from continuing her efforts at a national level, the victim’s wife has asked TRIAL to refer the case to the United Nations Human Rights Committee, so to compel Algeria to hold the perpetrators of the crime accountable and to inform the family of what happened to Rachid Sassene..

During the summer of 1992, Bosnia and Herzegovina suffered one of the most violent periods in its history. The conflict between the army of the Republika Srpska and Bosnian government forces caused the worst atrocities; ethnic cleansing, the setting up of concentration camps and further forced displacements of entire populations.

It is within this context that Fadil Ičić, 27, disappeared. While he was working in his fields, members of the Republika Srpska army arrested him and took him to the “Omarska” concentration camp, which was known for its inhumane conditions and poor treatment carried out by the guards. It was another prisoner who saw him alive for the very last time. Since then, no information has been provided regarding what happened to him. His mother, Mevlida Ičić, has carried out all possible steps in order to find out the truth about the arbitrary arrest and enforced disappearance of her son, but no information has been communicated to her.

Faced with this lack of action by the public authorities, she asked TRIAL to lay the matter before the United Nations Human Rights Committee so that Bosnia-Herzegovina puts an end to the impunity of those responsible and finally carries out a serious investigation into the case of Fadil Ičić.

(Geneva, November 19, 2010) – Recently obtained documents show that Libya’s security chief blocked an investigation into the death in detention in 2006 of a man being held under questionable circumstances, the human rights groups Alkarama, TRIAL (Track Impunity Always), and Human Rights Watch said today.


RTEmagicC_AL_Khazmi_Photo_14.jpgThe organizations recently obtained a prosecutor’s report into the death of Ismail Al Khazmi, a 30-year-old engineer, showing that the public security secretary, or minister, at the time, Gen. Saleh Ragab, refused to allow the prosecution to open an investigation into the role of public security agents in the death. Al Khazmi’s case highlights the lack of accountability for Internal Security Officers, the three groups said.

“General Ragab’s refusal to allow this investigation is only the latest example of the Interior Ministry’s interference in judicial investigations into security misdeeds,” said Sarah Leah Whitson, Middle East and North Africa director at Human Rights Watch. “The impunity for Libyan security services is probably the single greatest cause of disrespect for the rule of law in Libya.”

Sources in Libya who were close to Al Khazmi and who said they had direct, personal information about the circumstances surrounding his arrest told the three organizations that on June 17, 2006, the Libyan Internal Security Agency, a division of the General People’s Committee for Public Security, or Interior Ministry, arrested Al Khazmi, a petrochemical engineer, at his workplace.

The sources said officers did not show a warrant or give reasons for the arrest and that the Al Khazmi’s whereabouts were not revealed for 12 days. They said that despite numerous attempts during this time, his family was unable to get any information about his fate or place of imprisonment.

Alkarama, TRIAL, and Human Rights Watch obtained a copy of a report dated March 26, 2009, from Chief State Security Prosecutor Mostafa al-Mabrook Salama to Justice Secretary Mostafa Abdeljalil.

The report states that in April 2007, the prosecutor’s office summoned Al Khazmi’s family to receive his body for burial, and gave them a medical report dated November 15, 2006, which said he had died of natural causes from a heart attack. It says that Al Khazmi’s father refused to receive the body, insisting to the prosecutor that his son did not have a heart condition. The report said that Al Khazmi’s father filed a formal request with the prosecution on May 3 for a second forensic medical investigation.

The organizations have also obtained a copy of the report of the second autopsy, performed by a committee of three forensic medical doctors on September 11, 2007, and delivered to the prosecution on September 17, which concluded:

The death of Ismail Ibrahim Abu Bakr was injury induced, resulting from his exposure to the injuries described above in numbers 3 to 8, which were caused by blows with a hard, blunt object of some sort. These resulted in bruising and contusions all over the body, accompanied by subcutaneous hemorrhage and tearing of the muscles next to the site of injury. This caused pathological changes in the kidneys and a deficiency of fluids in the body. As a result, blood and respiratory circulation ceased.

The prosecutors had initiated an investigation into Al Khazmi’s case and sought the required permission from the public security secretary to summon three public security officers for questioning. In an April 2007 letter to the public prosecutor, General Ragab, the public security secretary, refused the request. As a result, prosecutors were unable to pursue the investigation.

Justice Secretary Abdeljalil told Human Rights Watch in April 2009 that as a matter of procedure the judiciary has no power to order an investigation of the Public Security Agency because its agents are immune from prosecution unless the secretary waives their immunity, but that he consistently refuses to do so. Human Rights Watch raised with Secretary Abdeljalil both Al Khazmi’s case and the cases of prisoners detained by Public Security in Abu Salim prison despite court orders for their release. He told Human Rights Watch that, “these prisons are affiliated to Internal Security and the Ministry of Justice has no jurisdiction over them.”

“Al Khazmi’s case highlights the fact that security agents are still above the law in Libya,” said Rachid Mesli, legal director of Alkarama. “The government must end security force impunity by allowing the Secretary of Justice and the prosecutors to do their job.”

Under the International Covenant on Civil and Political Rights, Libya has a duty to respect and ensure the rights to life, freedom from torture or ill-treatment, and liberty and security of the person. Under article 2(3), it has a further duty to provide an effective remedy, and to investigate promptly, all violations of these rights. The UN Human Rights Committee’s General Comment 31 says that the failure of a state party to investigate allegations of human rights violations can itself give rise to a separate breach of the Covenant.

In addition, the UN Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions state that, “There shall be thorough, prompt and impartial investigation of all suspected cases of extra-legal, arbitrary and summary executions, including cases where complaints by relatives or other reliable reports suggest unnatural death in the above circumstances.”

In Libya’s Universal Periodic Review at the Human Rights Council in Geneva on November 9, Libya accepted the recommendation to “take the necessary steps to ensure that security forces are subject to legal oversight.” As a member of the Human Rights Council since June, Libya has additional obligations under General Assembly Resolution 60/251 to “uphold the highest standards in the promotion and protection of human rights and to fully cooperate with the Council.”

On November 6, 2008, Alkarama and TRIAL jointly submitted an individual communication to the United Nations Human Rights Committee regarding Al Khazmi. His case is currently under review. On November 19, 2010, Alkarama and TRIAL submitted the 2009 prosecutor’s report and the second autopsy report to the UN Special Rapporteurs on Torture, Extrajudicial, Summary or Arbitrary Executions, and on the Independence of Judges and Lawyers.

“This is a rare case where the evidence shows not only the crime, but the refusal to investigate and punish the perpetrators,” said Philip Grant, director of TRIAL. “We call on the UN special procedures to urgently take up the matter with the Libyan government and insist on their obligations to bring the culprits to justice.” 

The Advocacy Center – TRIAL (ACT) submitted two communications to the Human Rights Committee against Bosnia-Herzegovina (BiH) concerning the enforced disappearances of Mr. Mensud Rizvanović and Mr. Husein Hamulić occurred in July 1992.

The Rizvanović and Hamulić cases

On 20 July 1992 Mr. Mensud Rizvanović was arbitrarily deprived of his liberty in Rizvanovići (BiH) by members of the army of the Republika Srpska (Vojska Republike Srpske – VRS) taking part in ethnic cleansing operations perpetrated in that area. He was afterwards taken to the detention camp Keraterm, where he was subjected to ill treatment and inhumane conditions. He was seen alive for the last time by eyewitnesses in the hands of the guards of the facility in life threatening circumstances. The fate and whereabouts of Mr. Mensud Rizvanović remain unknown since then.

On the same day, during ethnic cleansing operations in Hambarine and its surrounding area, members of the Yugoslav National Army (Jugoslovenska Narodna Armija – JNA) went to the house of the Hamulić family. Mr. Husein Hamulić tried to hide behind the house and to escape in the woods near Hambarine. Three other men trying to escape capture and who were also hiding in the woods saw there Mr. Husein Hamulić alive for the last time. To avoid looking suspicious, Mr. Husein Hamulić and the other three men decided to split up. Mr. Husein Hamulić was then allegedly apprehended by members of the JNA. His fate and whereabouts remain unknown since then.

On the eve of the United Nations Human Rights Council review of Libya’s human rights record, TRIAL (Track Impunity Always) submitted today two new cases of enforced disappearances against Libya to the United Nations Human Rights Committee. The organization calls upon the Human Rights Council to put accountability of human rights offenders on the table.

The cases of Izzat Yousef Al-Maqrif and Jaballa Hamed Matar  

Mr. Izzat Yousef Al-Maqrif and Mr. Jaballa Hamed Matar were both high-level opposition figures to the regime of Colonel Gaddafi. They lived in exile in Egypt until 1990, when they were arrested by Egyptian authorities, handed over to Libya and taken back to their country. They have since disappeared.

RTEmagicC_Izzat_Al-Maqrif_02.png Mr. Izzat Yousef Al-Maqrif was a member of the Libyan army until 1973 when he was accused of taking part in an attempt to overthrow the government of Colonel Gaddafi and held in prison for almost one year after which he was discharged from the army. Mr. Izzat Yousef Al-Maqrif and his family fled the country in 1981 and lived from 1984 onwards in Cairo, Egypt. There, he exercised activities as a senior member of the Executive Committee of the National Front for the Salvation of Libya (NFSL).

 

Jaballah Hamed MATAR, undated photo. Jaballah Hamed Matar and Ezzat Youssef al-Maqrif were forcibly disappeared in Cairo in March 1990. Both men were prominent members of Libyan opposition group, the National Front for the Salvation of Libya, and it is thought that they were handed over to the Libyan authorities by their Egyptian counterparts.Mr. Jaballa Hamed Matar was also arrested in 1970 and detained for 6 months. He worked a few years for the government and then he resigned because of a policy disagreement. He worked as a businessman from 1973 to 1978 in Libya but, realising it was no longer safe to remain in Libya, joined his family in Egypt in 1979, where they spent a further 11 years in exile. While in Cairo, Mr. Jaballa Hamed Matar was a member of the Executive Committee of the NFSL. As such, he wrote many articles calling for democracy, the rule of law and justice in Libya.

Arrest in Egypt and enforced disappearance in Libya

Mr. Izzat Yousef Al-Maqrif and Mr. Jaballa Hamed Matar were interrogated on 4 and 5 March 1990 by agents of the Egyptian State Security Investigation Bureau, and their passports confiscated.

On 12 March 1990, they were again arrested by Egyptian security personnel, handed over to Libyan officials and transferred by plane to Libya. They were never seen again by their family.

Even though Libya has constantly denied having arrested and detained the two opposition figures, Mr. Izzat Yousef Al-Maqrif and Mr. Jaballa Hamed Matar have sent letters to their families written in Abu Salim prison and clandestinely smuggled out. Although their relatives have had no direct news from them since approximately 1995, information that one of them was still alive in 2002 has filtered out.

For Philip Grant, director of TRIAL, «the evidence clearly shows that the two victims were taken back to Libya and secretly imprisoned there for years. Such actions are consistent with past practices of abduction or assassination of opposition figures by the Libyan State». Enforced disappearance is a crime under international law. «The victims’ family members now deserve to know the truth», Grant added.

Universal Periodical Review

On 9 November 2010, Libya will undergo its Universal Periodical Review before the UN Human Rights Council. On this occasion, TRIAL calls upon the members of the Human Rights Council to insist upon Libya’s obligation to investigate cases of enforced disappearances, extrajudicial killings and torture, and bring to justice those responsible for such deeds.

Context

Since the coup that brought Colonel Gaddafi to power in 1969, many opposition groups to his regime have been created abroad. One of the most important of the opposition groups was the NFSL, which opposed military and dictatorial rule in Libya, and called for a democratic government with constitutional guarantees, free elections, a free press, and separation of powers among the executive, legislative, and judicial branches. The enforced disappearances of Mr. Izzat Yousef Al-Maqrif and Mr. Jaballa Hamed Matar, two high-ranking members of an opposition party operating abroad, took place in the context of the repression implemented by the Libyan government against members of those groups.

About TRIAL

TRIAL is a Geneva-based NGO active in the field of international justice, enjoying consultative status with the UN ECOSOC. TRIAL has brought close to 60 cases of enforced disappearances, extrajudicial killings and torture to various human rights organs, including the European Court of Human Rights and the UN Human Rights Committee.

TRIAL has no affiliation whatsoever to any organization, party or group active in Libyan politics, in particular to the NFSL. The NGO’s sole interest lies in the upholding of human rights standards and the struggle to bring perpetrators of grave human rights violations to justice.

For more information

Q & A

Are the two victims dead or alive?

Why were the two cases not brought against Egypt as well?

What can be expected of the Human Rights Committee?

Have other cases been filed against Libya before the Human Rights Committee?

What is the difference between the Human Rights Council and the Human Rights Committee?

In November 2010, TRIAL and six associations of families of disappeared from all Bosnia-and-Herzegovina, submitted a report on the situation of families of missing persons in this country.

To see the press release, please click here.

Sarajevo/Geneva, 8 September 2010

In November 2006 the UN Human Rights Committee (HRC) adopted its concluding observations concerning the implementation of the International Covenant on Civil and Political Rights and the status of human rights in Bosnia and Herzegovina (BiH). Among other subjects, the Committee expressed its concern for the fact that the fate and whereabouts of thousands of persons who went missing during the armed conflict remains unresolved.

On that occasion, the HRC reminded BiH that the family members of missing persons have the right to be informed about the fate of their relatives. The failure to investigate the causes and circumstances of disappearance, as well as to provide information about the burial sites of missing persons may amount to inhuman treatment because of the suffering inflicted to family members. Accordingly, the HRC recommended BiH to take immediate and effective steps to investigate all unresolved cases of missing persons and to provide relatives with adequate and fair compensation and integral reparation. In this sense the Committee called on the government to ensure without delay the full functioning of the Institute for Missing Persons (MPI); the finalization of the central database of missing persons (CEN); and the setting up of the Fund for Support to Families of Missing Persons (the Fund).

From 2006 the HRC has been monitoring the implementation by BiH of its recommendations. In September 2010, TRIAL (Track Impunity Always), the Association of Families of Killed and Missing Defenders of the Homeland War from Bugojno Municipality, the Association of Relatives of Missing Persons from Hadžići Municipality, the Association of Relatives of Missing Persons from Ilijaš Municipality, theAssociation Women from Prijedor – Izvor; the Association of Relatives of Missing Persons of the Sarajevo-Romanija Region, and the Association of Relatives of Missing Persons of the Vogošća Municipality submitted to the HRC information on the subject of missing people, in order to highlight the progresses made, as well as the remaining obstacles for the full implementation of the recommendations of the HRC.

According to Mrs. Lejla Mamut, the Human Rights Coordinator of TRIAL in Sarajevo, “this joint submission by an international NGO, along with associations representing relatives of missing people regardless of their ethnic origin, is part of a strategy to maintain the crucial subject of missing people and their relatives on the national and international agendas. In the past months, prompted by TRIAL, the United Nations Working Group on Enforced or Involuntary Disappearance visited the country and formulated some preliminary recommendations and its full report is expected by March 2011. Relatives of missing persons are enduring a particularly difficult situation and we hope that BiH will eventually implement all the recommendations formulated by these international human rights mechanisms. This is essential to put an end to the suffering of thousands of people and to prevent future abuses”.

In the submission to the HRC, reference is made to the existing problems to the effective functioning of the MPI (e.g. failure by the Council of Ministries to elect three new members of the Steering Committee and to consider and vote on the audit report for 2009; deficiencies in the carrying out of exhumations, in the cooperation with the Prosecutor’s Offices and difficulties in the relations with the Republika Srpska Operative Team for Missing Persons; inadequate resources and problems with the personnel and the engagement of the members of the Board of Directors); to the non-completion of the CEN; and to the non-establishment of the Fund due to the lack of agreement between the entity governments on the criteria to be used for financing the Fund. The Associations submit to the HRC concrete examples of the obstacles encountered daily in the realization of their rights and formulate recommendations to overcome them.

It is noteworthy that in the next months BiH is expected to submit further information to the HRC on the situation in the country, as well as reports to the Committee against Torture, to the Committee on the Elimination of Discrimination against Women, to the Committee on the Rights of the Child, and to the Committee on Economic, Social and Cultural Rights.

“TRIAL will closely follow these activities and submit relevant information to the United Nations Committees to provide them with a complete picture of the situation of relatives of missing persons in the country. After more than 18 years, they still suffer the tremendous anguish of not knowing the fate and whereabouts of their loved ones and they have not obtained justice and integral reparation for the harm suffered”, said Mr. Philip Grant, the President of TRIAL. He added that in the next future TRIAL will devote its attention also to the subject of victims of rape or other forms of sexual violence during the war. Mr. Grant indicated that: “This is another extremely vulnerable category, whose rights have been neglected for too long, with painful consequences on the survivors, and, ultimately, on the whole BiH society. It’s time for the State to adequately address this situation and we will turn to international human rights mechanisms to call on BiH to fully respect and implement its international obligations”.

Overall Context

It is estimated that between 100,000 and 200,000 persons died as a consequence of the conflict in BiH during the period 1992-1995 and that between 25,000 and 30,000 were victims of enforced disappearance. As of today, between 10,000 and 13,000 people are still missing.

In 2009 TRIAL submitted a general allegation on behalf of families of missing persons to the Working Group for Enforced and Involuntary Disappearances. Prompted by this allegation, the Working Group took the historical decision to hold its 94th session in BiH and also carried out a visit to the country in June 2010. TRIAL has also filed 35 individual complaints before the European Court of Human Rights or the UN Human Rights Committee on behalf of relatives of missing persons. TRIAL will continue to resort to international mechanisms for the protection of human rights in order to turn the attention to the situation of families of missing persons in BiH and to put pressure on the government to work harder for the improvement of the current position of this group of victims.

For further information

The Advocacy Center – TRIAL (ACT) lodged an application before the United Nations Human Rights Committee following the enforced disappearance – on two occasions – and the torture endured by Mr Abdeladim Ali Mussa Benali. The case was prepared in partnership with the NGO Al Karama for human rights.

RTEmagicC_Benali_07.jpg

In May 2008, the Advocacy Center – TRIAL (ACT) introduced a case against Lybia before the UN Human Rights Committee on behalf of Abdeladim Ali Mussa Benali’s brother.

Mr Benali has disappeared on a first occasion from 1995 to 2000. He was later freed in 2002 without any charges laid against him. Arrested a second time by Libyan security agents in October 2005, Mr Benali was first held at the Abu Slim prison until March 2007. He then went missing again, his family since that date having received no information whatsoever about his fate.

During his two periods of detention, Mr Benali was subjected to terrible acts of torture.

The ACT requests the Human Rights Committee to declare that Libya violated the fundamental rights of Mr. Benali as well as his brother’s, and that, as a result, redress should be granted.

Geneva / Sarajevo, 12 May 2010

TRIAL (Track Impunity Always – Swiss Association against Impunity) recently filed a communication before the United Nations Human Rights Committee concerning 12 cases of enforced disappearances carried out in Vogošća by Serb forces in June 1992. The NGO is acting on behalf of 25 relatives of the disappeared persons. 

On 4 May 1992, during the first wave of enforced disappearances and “ethnic cleansing” perpetrated by  Serb forces, Himzo Hadžić, Safet Hodžić, Mensud Durić, Rasim Selimović, Abdulah Jelašković, Sinan Salkić, Idriz Alić, Hasan Abaz, Hakija Kanđer, Emin Jelečković, Esad Fejzović and Đemo Šehić were arbitrarily deprived of their liberty in Svrake village, near Vogošća (BH), by members of the Serb army of the Republika Srpska (Vojska Republike Srpske – VRS) together with several hundred inhabitants of the same village. 

A few days later, the women, children and elderly people were freed, whereas the men were taken to the “Nakina garaza” concentration camp where they were held prisoner for almost 20 days, after which several of them were released under the condition that they report twice a day to members of the VRS. After a few days, the reporting centre was changed to a concentration camp known as “Planjina kuća”, located in the municipality of Vogošća, where they were again kept as detainees. During their detention in this camp the men were subjected to ill-treatment and forced labour. 

The first victim, Sinan Salkić, was released around 14 May 1992, under the condition that he reports three times a day to the Planjina kuća concentration camp. On the morning of 10 June 1992 three or four men came to his house and put him under arrest. Subsequent reports indicate that he was then executed and his body thrown into the river Bosna. 

For their part, Himzo Hadžić, Safet Hodžić, Mensud Durić, Idriz Alić, Emin Jelečković and Hakija Kanđer were last seen on 16 June 1992 in Planjina kuća, when they were forcibly taken away on a truck by Serb soldiers to an unknown destination. 

Rasim Selimović, Abdulah Jelašković, Hasan Abaz and Esad Fejzović were last seen in the same concentration camp on 18 June 1992 and have since disappeared without a trace.

The last victim, Đemo Šehić, having seen the first group of men being forcibly led away from Planjina kuća on 16 June 1992, tried to escape to the nearby village of Paljevo. However, he was allegedly captured and arbitrarily executed by members of the Serbian army. 

What has become of these twelve men remains officially unknown to this date.

Almost 18 years later, no prompt, impartial, thorough and independent investigation has been undertaken by the authorities to locate the 12 missing men or to exhume, identify, and hand over their mortal remains to their families. No proceedings have been instituted, and no one has been prosecuted despite available evidence concerning the identity of the perpetrators. In addition, the relatives of those missing have undertaken several administrative procedures to obtain information about their loved ones, and have consistently raised these cases with the BiH authorities and the international organizations present in the country. To date, all of these initiatives have been in vain. 

On 23 February 2006, the Constitutional Court of BiH ordered the relevant domestic institutions to disclose all available information on the fate and whereabouts of the twelve missing persons. 

On 16 November 2006, the Constitutional Court issued a judgment that ruled that the concerned authorities had failed to enforce its previous decision. The result is that as of this day the victims’ relatives have received no information whatsoever from BiH authorities concerning their loved ones.

For Ema Čekić, the President of the Vogošća Association of Families of Missing Persons, who receives legal support form TRIAL, “It is now time for the authorities to take into serious consideration the demands of the victim’s close relatives. We have waited long enough; justice must be done”. According to Philip Grant, President of TRIAL, “The complete absence of any investigation or prosecution is a continual ordeal for the close relatives of those missing. It has become essential that the authorities take resolute action, now!”.

At the beginning of May 2010, TRIAL filed a communication before the Human Rights Committee on behalf of 25 close family members, requesting the Committee to rule that BiH violated several articles of the International Covenant on Civil and Political Rights, notably the inherent right to life (article 6), the prohibition of torture or cruel, inhuman and degrading treatment or punishment (article 7), the right to liberty and security of person (article 9), the right to be treated with humanity and with respect for the inherent dignity of the human person (article 10). These violations have been invoked in the name of those missing. Their close relatives also consider themselves victims of violations of the Covenant due to the indifferent attitude of the authorities to their pain and anguish, and to their inability to mourn properly and to bury their loved ones according to their customs and beliefs. 

The General Context

According to sources, between 100,000 and 200,000 people were killed between 1992 and 1995 during the conflict in Bosnia-Herzegovina, and an additional 25,000 to 30,000 were victims of forced disappearances. Almost 10,000 people remain unaccounted for since then.

Since its creation, TRIAL has petitioned the European Court of Human Rights in twelve cases involving Bosnia and Herzegovina. Six other cases were brought before the United Nations Human Rights Committee.

The organization is also active in cases of forced disappearances or torture in Algeria, Libya, and Nepal and represents more than twenty families before various international bodies.

  • More on the case here.

Geneva/Sarajevo, 30 April 2010


TRIAL (Track Impunity Always – the Swiss Association against Impunity) recently filed three applications before the European Court of Human Rights against Bosnia-Herzegovina regarding the massacre of the Bačić and Horozović families, and the forced disappearance of Refik Bačić, perpetrated by Serb forces in 1992.

In July 1992, as ethnic cleansing operations occurred in the region of Prijedor, members of the Serbian army attacked two homes in which the extended Bačić and Horozović families had sought refuge.  With only unarmed women and children inside, the soldiers opened fire on the homes, killing 29 people including 21 members of the Bačić and Horozović families (10 women and 11 children). The bodies were then taken to an unknown location.  Only three people survived the massacre, including Zijad Bačić and Hidajet Horozović, children at the time and, today, two of the three applicants before the Court. The third petitioner, Fikre Bačić, who was abroad at the time, personally lost 12 family members in the massacre.

Several days before the massacre, a group of approximately ten men, including Refik Bačić, the brother of Fikre Bačić, were stopped by Serb forces, allegedly for questioning. That was the last time Refik Bačić was seen.  He has been missing ever since.

Almost 18 years later, no impartial, independent and thorough investigation has been undertaken into Refik Bačić`s disappearance, and no effort has been made to locate his body.  Nor has there been an attempt to uncover, exhume, and identify the remains of the victims of the massacre, so that they can be returned to the families. At present, none of the perpetrators of the massacre have been prosecuted or punished for the crimes, although witnesses have identified several suspects. The three applicants have raised the case with the Bosnian authorities, international organizations present in Bosnia-Herzegovina, and other bodies responsible for disappearances, but with little response.

On July 16, 2007, the Constitutional Court of Bosnia-Herzegovina ordered the local authorities to turn over all available information in the cases of Refik Bačić and the massacre. To date, the Bosnian authorities have not executed this order and have not forwarded the information requested by the applicants.

“Impunity in Bosnia-Herzegovina, unfortunately, is all too common,” said Philip Grant, President of Trial.  “The victims simply cannot take it any more – the bodies of their loved ones still have not been found, while the perpetrators of these crimes, some of whom continue to live in the area, remain undisturbed.” According to Lejla Mamut, coordinator of TRIAL in Sarajevo, “the authorities are not doing their job.  It is important in these circumstances that the victims can petition an independent body outside of the country to force the authorities to respect and enforce their rights.”

In late April 2010, TRIAL brought the three applications before the European Court requesting a judgment against Bosnia-Herzegovina for the violation of Article 2 (the right to life) and Article 3 (the prohibition on torture and inhuman and degrading treatment) of the European Convention on Human Rights for its failure to undertake the necessary investigations and prosecutions. The applicants also assert that they are victims of violations of Articles 3 and 8 (right to the respect for family life) due to the official indifference to the case and their inability to mourn and bury their loved ones in accordance with their beliefs.

Context

According to sources, between 100,000 and 200,000 people were killed between 1992 and 1995 during the conflict in Bosnia-Herzegovina, and an additional 25,000 to 30,000 were victims of forced disappearances. Almost 10,000 people have never been found.

Since its creation, TRIAL has petitioned the European Court of Human Rights in twelve cases involving Bosnia-Herzegovina. Six other files were brought before the United Nations Human Rights Committee. The condemnation of Bosnia-Herzegovina for these human rights violations would be a first, as no decision on such cases have yet been made by any internatoinal human rights body, which lends these cases a particular importance.

The organization is also active in cases of forced disappearances or torture in Algeria, Libya, and Nepal and represents more than twenty families before various international bodies.

For more information

The Advocacy Center – TRIAL (ACT) submitted this week a communication to the Human Rights Committee concerning the enforced disappearance and alleged arbitrary execution and the subsequent concealment of the mortal remains of Mr. Sejad Hero and Mr. Ramiz Kožljak occurred in July 1992.

Since its creation, ACT has submitted nine cases to the European Court of Human Rights and six cases to the UN Human Rights Committee, in relation to the disappearances of 19 people.

The Hero and Kožljak case

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On 4 July 1992 members of the Yugoslav National Army (Jugoslovenska Narodna Armija – JNA) surrounded the village of Tihovići and arbitrarily apprehended about 13 civilians, including Mr. Sejad Hero. Accordingly to eyewitnesses, the men were taken to a meadow in Tihovići where they were tortured and mutilated. Allegedly, they were afterwards arbitrarily executed by members of the JNA, who then set fire to the dead bodies and finally transferred the mortal remains to a nearby stream in Tihovići. The fate and whereabouts of Mr. Sejad Hero remain unknown since he was apprehended by members of the JNA and his mortal remains have not been located, identified and returned to the family for mourning and burial. After having learned about the massacre of the 13 mean, in order to save his life Mr. Ramiz Kožljak decided to escape towards the nearby village of Vrapče, which was under the control of the Bosnian army.  RTEmagicC_Ramiz_Kozljak.jpgThe whole area surrounding Vrapče was under the control of the JNA. Allegedly, Mr. Ramiz Kožljak was also captured and allegedly arbitrarily executed by members of the JNA. However, his mortal remains have not been located, exhumed, identified and returned to his family and his fate and whereabouts remain unknown since then.

The Advocacy Center – TRIAL (ACT) submitted this week an application to the European Court of Human Rights concerning the enforced disappearance of Mr. Emir Hodžić occurred in May 1992. Last month, ACT submitted a communication to the Human Rights Committee concerning the enforced disappearance of Mr. Ibrahim Durić occurred in May 1992.

Since its creation, ACT submitted nine cases to the European Court of Human Rights and five cases to the United Nations Human Rights Committee in relationthe conflict in Bosnia and Herzegovina.

 

The Hodžić case

Mr. Emir Hodžić, reservist member of the local police, was captured by the Serb army while the the take over of Kozarac. He was seen for the last time on 26 May 1992 together with a group of colleagues, who later on were all captured and executed by members of the army of the Republika Srpska. His fate and whereabouts remain unknown since then.

Almost 18 years after the events no ex officio, prompt, impartial, thorough and independent investigation has been undertaken by BiH authorities to locate Mr. Emir Hodžić or his mortal remains or to identify, prosecute and sanction those responsible.

Familly members of Mr. Emir Hodžić live in a lacerating situation of uncertainty, in spite of numerous attempts to establish the truth regarding the circumstances of the enforced disappearance of their relative, their fate and whereabouts and the progress and results of the investigation.

 

The Durić case

On 14 May 1992, returning with a friend (Mr. Zelimir Vidović) from Sarajevo’s Hospital to take a neighbour who had been heavily wounded in a shelling, Mr. Ibrahim Durić was stopped and interrogated at a check point held by members of the army of the Republika Srpska (VRS). That was the last time that Mr. Ibrahim Durić was seen alive. His fate and whereabouts remain unknown since then.

More than 18 years after the events, no ex officio, prompt, impartial, thorough and independent investigation has been undertaken by BiH authorities in order to locate Mr. Ibrahim Durić or his mortal remains or to identify, prosecute and sanction those responsible.

Familly members of Mr. Ibrahim Durić live in a lacerating situation of uncertainty, in spite of numerous attempts to establish the truth regarding the circumstances of the enforced disappearance of their relative, their fate and whereabouts and the progress and results of the investigation.

The Advocacy Center TRIAL (ACT) submitted in the past week two new applications to the European Court of Human Rights concerning the enforced disappearances of Mr. Edin Mahmuljin in June 1992 and of Mr. Nedžad Fazlić in May 1992. ACT also submitted an individual communication to the United Nations Human Rights Committee regarding the enforced disappearance of Mr. Salih Čekić in June 1992.

They are the 7th and 8th cases brought by TRIAL to the European Court of Human Rights, respectively the 4th case to be taken to the UN Human Rights Committee. In all of those cases, TRIAL acts on behalf of close family members of the disappeared.

The Mahumulin and Fazlić cases

After the takeover of the town of Kozarac by the Serb army, Mr. Edin Mahmuljin and Mr. Nedžad Fazlić escaped, trying to reach Croatia. RTEmagicC_Fazlic_Nedzad_07.TIFMr. Nedžad Fazlić was seen the last time on 28 May 1992, while he had been arrested by members of the police of the Republika Srpska and taken to the police station of Aleksandrovac, near Gradiška. Mr. Nedžad Fazlićand other men were taken to an unknown destination. 

For his part, Mr. Edin Mahmuljin was last seen on 24 June 1992 in life-threatening circumstances in the hands of members of the army of the Republika Srpska (VRS) in a region between Bosanska Dubica and Bosanska Gradiška. 

RTEmagicC_Mahmuljin__Edin_06.TIFMr. Edin Mahmuljin and Mr. Nedžad Fazlić were never again seen alive. Their fate and whereabouts remain unknown since then.

More than 17 years after the events, no ex officio, prompt, impartial, thorough and independent investigation has been undertaken by BiH authorities in order to locate Mr. Edin Mahmuljin and Mr. Nedžad Fazlić or their mortal remains or to identify, prosecute and sanction those responsible.

Both families live in a lacerating situation of uncertainty, in spite of numerous attempts to establish the truth regarding the circumstances of the enforced disappearance of their relative, their fate and whereabouts and the progress and results of the investigation.

The Čekić case

RTEmagicC_Cekic_Salih_05.jpg Mr. Salih Čekić was last seen on 16 June 1992 in the concentration camp known as “Planjina kuca”, located in the municipality of Vogošća. He had been arrested on 4 May 1992 by members of the VRS, along with his family members, who were later freed. His fate and whereabouts remain unknown since then.

His wife and children have for years been living ln a lacerating situation of uncertainty, in spite of numerous attempts to establish the truth regarding the circumstances of the enforced disappearance of their loved one, his fate and whereabouts and the progress and results of the investigations.

More than 17 years after the events, no ex officio, prompt, impartial, thorough and independent investigation has been carried out by BiH authorities and no one has been prosecuted, judged and sanctioned for the enforced disappearance of Salih Čekić, thus fostering an ongoing climate of impunity.

In November 2009, the Advocacy Center – TRIAL (ACT) submitted a communication to the UN Human Rights Committee concerning the enforced disappearance of Mr. Safet Kozica. ACT represents Mirha Kozica, Bajazit Kozica and Selima Kozica, respectively mother, brother and sister of the disappeared.

RTEmagicC_Safet_Kozica_02.jpg  Mr. Safet Kozica was last seen on 16 June 1992 in the hands of members of the army of the Republika Srpska (Vojska Republike Srpske – VRS) in the concentration camp known as “Planjina kuca”, located in the municipality of Vogošća, Bosnia and Herzegovina (BiH). His fate and whereabouts remain unknown since then.

Mrs. Mirha Kozica, Mr. Bajazit Kozica and Ms. Selima Kozica live in a lacerating situation of uncertainty, in spite of numerous attempts to establish the truth regarding the circumstances of the enforced disappearance of their loved one, his fate and whereabouts and the progress and results of the investigations.

More than 17 years after the events, no ex officio, prompt, impartial, thorough and independent investigation has been carried out by BiH authorities and no one has been prosecuted, judged and sanctioned for the enforced disappearance of Safet Kozica, thus fostering an ongoing climate of impunity. Mirha Kozica is now 80 years old and she fears to die without having established the truth about what has happened to her son.

 

  • Read more on the Kozica case
  • See also the General allegation submitted by TRIAL to the UN Working Group on Enforced or Involuntary Disappearances relating to the situation in BiH.

n August 2009, the Advocacy Center – TRIAL (ACT) submitted a communication to the UN Human Rights Committee concerning the enforced disappearance of Huso Zlatarac and Nedžad Zlatarac. ACT represents Hasiba Zlatarac and Alma Cardakovic, wife and daughter respectively of Huso Zlatarac and mother and sister respectively of Nedžad Zlatarac.

RTEmagicC_zlatarac_01.png On 4 May 1992, Huso Zlatarac was arrested in Svrake (BiH) by the Serb army together with Hasiba Zlatarac and their children Nedžad (then 21 years old) and Alma (14) and most of the inhabitants of the same village. They were all taken to the concentration camp known as Kasarna JNA in Semizovac.

A few days later, Hasiba Zlatarac, together with her daughter Alma and other women and children, were freed. Huso Zlatarac and his son Nedžad were kept prisoners and transferred to different concentration camps, where they were subjected to torture and forced labour. Huso and Nedžad Zlatarac were last seen on 16 June 1992 in the concentration camp known as “Planjina kuca”, located in the municipality of Vogosca. Their fate and whereabouts remain unknown since then.

More than 17 years after the events, no ex officio, prompt, impartial, thorough and independent investigation has been undertaken by BiH authorities in order to locate Huso and Nedžad Zlatarac or their remains or to identify, prosecute and sanction those responsible. Mrs. Zlatarac has taken several steps to obtain information about her husband and son, through the police of Visoko and Vogosca, the State Commission for Tracing Missing Persons, the Sarajevo Cantonal Prosecutor’s Office, and the Red Cross Society of BiH. These initiatives have to date proved vain.

In July 2009, an individual communication against Bosnia-Herzegovina (BiH) has been submitted to the Human Rights Committee concerning the enforced disappearance of Fikret Prutina. The Advocacy Center TRIAL (ACT) is representing Fatima Prutina, wife of the disappeared.

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On 4 May 1992, Fikret Prutina was arrested in Svrake (BiH) by the Serb army together with his wife and their sons Asmir (mentally disabled, then 16 years old) and Hasib (then 18 years old) and most of the inhabitants of the same village. They were all taken to a concentration camp known as Kasarna JNA in Semizovac. A few days later, Fatima Prutina, together with her son Asmir and other women and children, were freed. Fikret Prutina and his other son Hasib were kept prisoners and transferred to different concentration camps, where they were subjected to torture and forced labour. Fikret Prutina was last seen on 16 June 1992 in the concentration camp known asPlanjina kuca, located in the municipality of Vogosca. His fate and whereabouts remain unknown since then.

Hasib Prutina, who eye-witnessed all the mentioned events, was freed from the concentration camp one month later. To date, he suffers from severe post-traumatic stress due to the brutality he has been subjected to, as well as to the horrifying facts, including the ill-treatment and disappearance of his own father, he was forced to assist.

More than 17 years after the events, no serious investigation has yet been undertaken by BiH authorities in order to locate Mr. Prutina or his remains or to identify, prosecute and sanction those responsible. Mrs. Prutina has taken several steps to obtain information about her husband, through the police of Visoko and Vogosca, the State Commission for Tracing Missing Persons, the Sarajevo Cantonal Prosecutor’s Office, and the Red Cross Society of BiH. These initiatives have proved vain.

Farid Faraoun case at the United Nations Human Rights Committee

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In May 2009, the Advocacy Center TRIAL (ACT) submitted an individual communication to the United Nations Human Rights Committee in the name of Mouni Aouali, Feryale Faraoun et Fatiha Bouregba on behalf of their husband, father and son, Farid Faraoun.

This is the thirteenth application submitted against Algeria by ACT.

On 11 February 1997, Farid Faraoun was arbitrarily arrested at his home by security agents of wilaya de Sidi-Bel-Abbes, who acted in the context of vast police operation. His family has not seem him since.

The day after the arrest of Mr. Faraoud, his spouse and his children were expulsed from their home by the police forces, and their home was immediately and entirely demolished.

In the following months, his family learned from various sources that Farid Faraoun had been tortured, injured and that he had been seen in two military hospitals. Since then, the family was not able to localise him anymore nor to establish any contact with him, despite all efforts. Neither did the authorities open an inquiry, nor could any information on the whereabouts of Farid Faraoun be obtained.

The UN Human Rights Committee is asked to declare that Algeria violated fundamental human rights of Mr. Faraoun as well as those of his family and that redress ought to be offered for such breaches. The victims also ask that an investigation be undertaken into these alleged violations and that efforts be undertaken to bring those responsible to justice.

For more information, click here.

Rabiha Mihoubi v. Algeria at the United Nations Human Rights Committee

RTEmagicC_mihoubi_noureddine_03.jpegAt the beginning of March 2009, the Advocacy Center – TRIAL (ACT) submitted an individual communication to the United Nations Human Rights Committee in the name of Rabiha Mihoubi on behalf of her son, Nour-Eddine Mihoubi. 

This is the twelfth application submitted against Algeria by ACT.

During the afternoon of January 27, 1993, Nour-Eddine Mihoubi was with his brother, Hocine Mihoubi, at his home when they were arbitrarily arrested by members of the Algerian police. Hocine was released the next day but Nour-Eddine remained in custody. His family has not seen him since.

Despite Rahiba Mihoubi’s repeated pleas for information and the fact that the assistant prosecutor of Bou Saâda explicitly recognised that the local police force had arrested Nour-Eddine, the Algerian authorities have refused to provide any information on him.

The Human Rights Committee is asked to declare that Algeria violated fundamental human rights of Nour.Eddine Mihoubi as well as those of Rabiha Mihoubi and her family and that they ought to be compensated for such breaches. The victims also ask that an investigation be undertaken into these alleged violations and that efforts be deployed to bring those responsible to justice.

For more information, click here.