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. Approximately 13.000 people remain disappeared to date.
The case of Ibrahim Durić occurred in the context of a first wave of enforced disappearances and “ethnic cleansing” operations perpetrated by the Serb army in the spring and summer of 1992.
To date no one has been convicted, prosecuted and sanctioned for the arbitrary deprivation of liberty and subsequent enforced disappearance of Ibrahim Durić, thus fostering an overall climate of impunity. Up to this day, the family of Ibrahim Durić still has not received any information on the fate and whereabouts of their loved one.
On 16 July 2014, the UN Human Rights Committee adopted its decision on the case of Mr. Ibrahim Durić. The Committee found Bosnia and Herzegovina internationally responsible for the violation of several provisions of the International Covenant on Civil and Political Rights. In particular, the Committee declared that the State is responsible for not having effectively investigated the arbitrary deprivation of liberty, ill-treatment and enforced disappearance of Mr. Ibrahim Durić. Moreover, BiH subjected Mr. Durić’s mother and brother to inhumane and degrading treatment because it has not unveiled the truth about the fate and whereabouts of their loved one. The Committee reiterated that forcing relatives of disappeared persons to declare their family members dead in order to receive compensation constitutes a form of inhumane and degrading treatment.
The Committee requested Bosnia and Herzegovina to:
– Establish the fate and whereabouts of Mr. Ibrahim Durić;
– Bring to justice those responsible for the crimes concerned without unnecessary delay;
– Ensure that the applicants receive adequate compensation;
– Amend the existing legal framework to make sure that compensation for relatives of disappeared people is not conditioned upon obtaining a death certifica