Mujkanović and Others v. Bosnia and Herzegovina (third party intervention)
Six nationals of Bosnia and Herzegovina, Ms Munira Mujkanović, Ms Asima Memić, Mr Vehidin Elezović, Mr Muharem Elezović, Ms Naila Bajrić and Ms Sabiha Huskanović complained on behalf of relatives forcibly disappeared and killed during the 1992–1995 war in the former Yugoslavia.
Case Background
The case concerns the enforced disappearances and mass killings of individuals by policemen during the 1992 Korićanske stijene massacre that took place during the 1992–1995 war in the former Yugoslavia.
The relatives of the disappeared brought the case before the European Court of Human Rights (ECtHR), arguing that the Bosnian authorities failed to fulfil their procedural obligation under Article 2 of the European Convention on Human Rights (ECHR) to effectively investigate their enforced disappearance, torture and death.
They also argued that the authorities had, for many years, refused to engage with, acknowledge or assist in their efforts to find out what had happened to their relatives, and that this amounted to torture or ill-treatment under Article 3 ECHR.
They also argued that the disappearance of their relatives in itself also amounted to torture or ill-treatment under Article 3.
Intervention
REDRESS submitted an amicus brief to the ECtHR in this case on 18 January 2013.
The intervention examined the link between enforced disappearance and the prohibition of torture and other ill-treatment, highlighting that the prolonged and severe suffering experienced by relatives of disappeared persons may constitute a violation of Article 3 ECHR, particularly where States have failed to respond appropriately.
The intervention emphasised that international human rights law presumes that both those who are forcibly disappeared, and their direct next-of-kin, are victims of torture and ill-treatment.
It also addressed how the continuing nature of enforced disappearance shapes States’ obligations to provide an effective remedy to victims.
The intervention stressed that, under international human rights law, an effective remedy should include a prompt, independent and effective investigation to end continuing violations, a right to the truth, and should provide victims with full and effective reparation beyond compensation, including restitution, rehabilitation, satisfaction and guarantees of non-repetition.
Outcome
European Court of Human Rights (Fourth Section), 3 June 2014
The Court found no breach of Article 2, concluding that the Bosnian authorities had taken reasonable steps to investigate the disappearances and deaths in light of the special circumstances prevailing in the country, and the number of war crimes cases pending before local courts.
It noted that investigations had ultimately led to the identification of at least some of the remains of the missing persons, as well as the prosecution and conviction of at least some of the perpetrators in proceedings before domestic courts and before the International Criminal Tribunal for the Former Yugoslavia.
The Court also found no breach of Article 3, noting that there was no evidence that the authorities’ reactions towards relatives of disappeared persons amounted to inhuman or degrading treatment. This was despite the fact that the applicants reported suffering from insomnia, depression and post-traumatic stress disorder because of the authorities’ indifference towards their concerns and anguish.
The Court also rejected the arguments that the forcibly disappeared persons were victims of torture or ill-treatment, or that there had been a failure to investigate.
The decision can be found here and cited as: Mujkanović and Others v. Bosnia and Herzegovina, App No 47063/08 (ECtHR, 3 June 2014).
Quick Facts
Case name: Mujkanović and Others v Bosnia and Herzegovina
Court/Body: European Court of Human Rights
Date intervention filed: 18 January 2013
Current status: Decision reached
Date of final decision: 3 June 2014
Key words
Enforced disappearance is when a person is arrested, detained, abducted or otherwise deprived of their liberty by State agents (or with their support) followed by authorities’ refusal to acknowledge this or reveal the person’s fate or whereabouts.
Organisations
World Organisation Against Torture (OMCT)
OMCT is a coalition of international non-governmental organisations fighting for human rights and against torture, summary executions, enforced disappearances, and all other cruel, inhuman, or degrading treatment.
