After a preliminary examination of the admissibility of the application, on 28 September 2012 it was communicated to the Government of BiH.
In January 2013, REDRESS and the OMCT submitted to the ECHR an amicus curiae brief in relation with the present case to shed light on the link between enforced disappearance and the prohibition of torture and other ill-treatment as well as the relationship between the continuing nature of enforced disappearance and the content of effective remedy and reparation for relatives of those who have “been disappeared”.
In January 2013 the Government of Bosnia and Herzegovina submitted its reply, challenging the admissibility and the merits of the case. On 25 March 2013, on behalf of the applicants, TRIAL submitted its pleadings to the European Court of Human Rights challenging in detail the arguments put forward by the respondent State and highlighting a number of mistakes and contraddictions contained in its submission to the European Court. The latter transmitted a copy of TRIAL’s reply to the Government, fixing 13 May 2013 as the deadline for comments they may wish to make. On 3 June 2014 the European Court issued a decision, finding that in this case Bosnian authorities did all that could be reasonably expected given the special circumstances prevailing in the country up until 2005 and the large number of war crimes pending before local courts. The Court noted that “it is evident that not all of the direct perpetrators of the many crimes committed within the context of the ethnic cleansing of the Prijedor area have been punished”. Nevertheless, it valued the fact that the International Criminal Tribunal for the Former Yugoslavia and the State Court have convicted respectively 16 and 7 persons in connection with crimes committed in the area.