Arbitrary Killing and Subsequent Removal and Concealment of the Mortal Remains of Božo Mandic in July 1992

The case

In April 2011 TRIAL submitted a communication to the United Nations Human Rights Committee concerning the arbitrary killing and the subsequent removal and concealment of the mortal remains of Mr. Božo Mandić.

On or around 24 June 1992 Mr. Božo Mandić was arbitrarily killed by a sniper in the suburban neighbourhood of Sarajevo known as Vojničko Polje. The mortal remains of Mr. Božo Mandić were buried by a gentleman who was forced to do so by a member of the Bosniak Territorial Defence. In 1998, exhumations were carried out in the area around Lukaviča Road and, according to the reconstruction of the facts realised by the Cantonal Prosecutor’s Office in Sarajevo, it is most probable that on such occasion also the remains of Mr. Božo Mandić were exhumed. After that, all traces of Mr. Božo Mandić’s mortal remains were lost and continue unknown as of today.

TRIAL acts on behalf of Mr. Milan Mandić, who is the son of Mr. Božo Mandić.

In spite of numerous attempts from Mr. Mandić to establish the truth regarding the circumstances of the arbitrary killing and the subsequent removal and concealment of the mortal remains of his father Mr. Božo Mandić, the fate and whereabouts of the latter and the progress and results of the investigations remain unknown.

Indeed, more than 19 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 crimes concerned, thus fostering an ongoing climate of impunity. Although Mr. Milan Mandić has provided DNA samples to international mechanisms and national institutions dealing with the subject of missing persons, to date the mortal remains of Mr. Božo Mandić not been duly located, exhumed, identified and returned to the family. In addition, as of today, Mr. Milan Mandić still has not received reparation or compensation for the harm suffered by him and his father.

TRIAL therefore submitted an individual communication to the United Nation Human Rights Committee asking it:

to recognise that BiH violated numerous articles of the International Covenant on Civil and Political Rights subsequently to Mr. Božo Mandić’s arbitrary killing and the subsequent removal and concealment of his mortal remains;

to declare that BiH also violated the Covenant with regard to the suffering caused to Mr. Milan Mandić by his father arbitrary killing and the subsequent removal and concealment of his mortal remains;

to request that BiH undertake all necessary action to launch independent investigations as a matter of urgency with a view to locating the mortal remains of Mr. Božo Mandić and exhuming, identifying, respecting and returning them to the Mr. Milan Mandić;

to request that BiH undertake all necessary action to identify those responsible for the arbitrary killing and the subsequent removal and concealment of the mortal remains of Mr. Božo Mandić, and to judge and sanction them;

to request that BiH undertake all necessary actions to guarantee that Mr. Milan Mandić obtains without any further delay fair and adequate compensation and, in particular, access to medical and psychological care free of charge.

The General Context

It is estimated that between 100,000 and 200,000 persons died as a consequence of the conflict (1992-1995) in BiH and that between 25,000 and 30,000 were victims of enforced disappearance.

The arbitrary killing and the subsequent removal and concealment of the mortal remains of Mr. Božo Mandić took place within the general context of the siege of the city of Sarajevo and, in particular, in the area of Lukavica, in East Sarajevo.

In 2011 the International Commission on Missing Persons (ICMP) and the International Committee of the Red Cross estimated that around 10,000 people remain disappeared in BiH.

The Decision

On 5 November 2015 the UN Human Rights Committee issued a decision on the case, finding BiH responsible for the violation of several provisions of the International Covenant on Civil and Political Rights, including the right to life and to an effective remedy with regard to Mr. Božo Mandić. The Committee declared that the State is responsible for not providing information on the progress of the investigation into the crimes committed against Mr. Mandić and for the anguish and distress caused to his loved ones by the continuing uncertainty resulting from not knowing where his mortal remains may be and the impossibility to bury him in accordance with his faith.

The failure of the State to unveil the truth on what happened to Mr. Mandić exposed his son to anguish and distress amounting to inhumane and degrading treatment.

The Committee requested BiH to:

Locate the mortal remains of Mr. Mandić;

Bring to justice without unnecessary delay those responsible for the crimes committed against Mr. Mandić;

Provide the son of Mr. Mandić with adequate compensation and measures of satisfaction;

Provide the son of Mr. Mandić with the necessary psychological rehabilitation and medical care;

Prevent similar violations in the future and ensure that investigations into allegations of arbitrary executions are accessible to the families of victims.

BiH has now 180 days to inform the Committee about the measures taken to implement this decision.