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BiH: two cases before the ECHR and one before the United Nations

03.12.2009 ( Last modified: 17.07.2017 )

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.

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