Mujkanovic v Bosnia and Herzegovina

In December 2012 REDRESS and the World Organisation Against Torture (OMCT) were granted leave by the European Court of Human Rights to intervene in the case of  Mujkanovic v Bosnia and Herzegovina & 10 other applications. 

These applications concerned the disappearance of individuals during the 1992-1995 war.

The applicants complained, on behalf of their missing relatives, that Bosnia and Herzegovina had failed to fulfil its procedural obligation to investigate their disappearance and death.  They further submitted that the authorities had, for many years, refused to engage, acknowledge or assist in their efforts to find out what happened to their loved ones, and that this amounted to a violation of Article 3 of the Convention, the prohibition of torture and ill-treatment. The applicants also alleged violations of Articles 6, 8, 13 and 14 of the Convention.

In January 2013 REDRESS and OMCT provided submissions to the Court on (i) the link between enforced disappearance and torture, and (ii) the relationship between the continuing nature of enforced disappearance and the content of an effective remedy and reparation for those who have disappeared. 

However in June 2014 the Court held that the cases were inadmissible, on the grounds that the investigation carried out into the disappearances had not been shown to have infringed the minimum standard required by the Convention.  In coming to its decision it took note of the fact that some of the individuals' bodies had been identified and that the investigation led to the identification and punishment of ten direct perpetrators, and the issue of international arrest warrants for two other alleged perpetrators.

 


Back to Top

Where We Work Donate Publications Blog Blog
Website by Adept