BiH: Constitutional Court delivers landmark judgment

Geneva / Sarajevo, 28 May 2013 – The Constitutional Court of Bosnia and Herzegovina (CCBH) recently adopted two landmark decisions[1] concerning the applications submitted by families of 71 persons went missing during the war in Bosnia and Herzegovina. The majority of them were supported by TRIAL and its partner organization Izvor.

As in other similar cases, the Constitutional Court of Bosnia and Herzegovina (CCBH) found a breach of the relatives’ right not to be subjected to inhuman treatment as well as to their right to private and family life, guaranteed by the Constitution of Bosnia and Herzegovina and by the European Convention on Human Rights.

Interestingly, the court also urged the state and entity-level governments to conduct thorough investigations about these disappearances, and to notify the relatives about the results of such investigations. They have also been directed to forward without delay all relevant information about the circumstances of these disappearances to the relatives through the Missing Persons Institute.

And for the very first time, the CCBH also made very clear the obligations of the Missing Persons Institute, the Prosecutor’s Office of Bosnia and Herzegovina, and other government entities towards the missing persons’ families and their associations. The Court insisted on the utmost need for their full cooperation and constant exchange of information in determining the facts about each disappearance, as well as their full transparency with the missing persons’ relatives.

“We believe the decisions taken by the Constitutional Court will offer better guidelines to all institutions involved in the process of tracing missing persons. They should also encourage all local associations dealing with the issue of missing persons to continue their courageous struggle alongside families”, said Adrijana Hanušic, TRIAL legal adviser for Bosnia and Herzegovina about the CCBH decisions.

The CCBH particularly emphasized:

• The importance of adequate criminal investigations in line with international standards as the most important step in finding the location of the missing persons’ mortal remains.

• The obligation for the prosecutor’s offices to undertake measures needed for the investigation, identification and criminal prosecution of the suspects of such crimes on the simple basis that records of missing persons exist.

• The fact that such obligation exist in all disappearance cases, including when the missing person could be considered a soldier when he was seen for the last time.

• The importance of informing missing persons’ relatives about the initiation of official investigations, the outcome of such investigations and the fate and the circumstances of their loved ones’ disappearance.

TRIAL, the Swiss association against impunity based in Geneva and Sarajevo, has – together with its partner organisation Izvor from Prijedor – prepared most of the applications submitted to the CCBH (2).

Adrijana Hanušic, TRIAL legal adviser for Bosnia and Herzegovina, welcomed the CCBH milestone decisions: “We believe the decisions taken by the Constitutional Court will offer better guidelines to all institutions involved in the process of tracing missing persons. They should also encourage all local associations dealing with the issue of missing persons to continue their courageous struggle alongside families”.

TRIAL now calls for all prosecuting authorities across the country to duly implement the obligations laid out by the highest court of Bosnia and Herzegovina by conducting adequate investigations into crimes related to these and other disappearances and to involve the families accordingly.

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