22.01.13
Déclarations

L'OMCT et REDRESS soumettent conjointement un amicus brief à la Cour européenne des droits de l'homme au sujet de la disparition d'individus en ex-Yougoslavie


On 18 January 2013, the World Organisation Against Torture (OMCT) and The REDRESS Trust (REDRESS) submitted an amicus curiae brief to the European Court of Human Rights in the case of Mujkanović et al. v. Bosnia Herzegovina. The case concerns 18 separate applications to the Court regarding the disappearance of individuals during the 1992-1995 war in the former Yugoslavia. The applicants complain, on behalf of their missing relatives, that Bosnia and Herzegovina has failed to fulfil its procedural obligation to investigate their enforced disappearance, torture and death. Among other things, they furthersubmit that the authorities have, for many years, refused to engage, acknowledge or assist in their efforts to find out what happened to their loved ones, and that this amounts to a violation of Article 3 of the European Convention on Human Rights, the prohibition of torture and ill-treatment.The applicants also allege violations of Articles 6, 8, 13 and 14 of the Convention.

OMCT and REDRESS intervened in this case in order to address the following legal issues:

(a) The nature of the link between enforced disappearance and the prohibition of torture and other ill-treatment; and

(b) 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.



Read the amicus curiae brief: Amicus Curiae - Mujkanovic et al