Case No
Country
Mandate(s)
Summary of the allegation transmitted
Reply
BIH 2/2014
01/04/2014 Bosnia and
JAL
Herzegovina
Disappearances;
Truth, justice,
reparation &
guarantees on
non-rec;
The communication addresses the situation surrounding the decision of the
Constitutional Court of Bosnia and Herzegovina of 22 October 2013 ordering the
quashing of the verdicts in the cases of ten individuals convicted of war crimes against
civilians and genocide, following the decision of the European Court of Human Rights
(ECtHR) in the case of Maktouf and Damjanovic vs. Bosnia and Herzegovina.
Concerns are raised as to the legal developments in Bosnia and Herzegovina
following the domestic application of this ECtHR judgement, specifically about the
following issues: 1) the apparent automatic application of the aforementioned ECtHR
judgment in at least a dozen cases in Bosnia and Herzegovina in contravention of the
actual ruling of the same judgment; 2) the release of the defendants, guilty of genocide
and war crimes against civilians, without remand pending re-trial, and its impact on
the protection of victims from violence, re-victimization and intimidation; and 3) the
lack of a comprehensive transitional justice strategy to complement the criminal
justice process in the country.
CHN 3/2014
01/04/2014 China (People's
JUA
Republic of)
Arbitrary
detention;
Disappearances;
Freedom of
expression;
Human rights
defenders;
Torture;
30/05/2014
Alleged incommunicado detention of a human rights lawyer. According to the
information received, Mr. Gao Zhisheng, who has been detained for several years,
was last seen by his family on 12 January 2013 during the last permitted family visit
at Shaya prison in Xinjiang Province. Reportedly, he has since then been held
incommunicado. It is alleged that despite formal requests and inquiries, no
explanation has been given regarding his fate and whereabouts. Mr. Gao has been the
subject of several previous communications sent on 25 November 2005, see
E/CN.4/2006/95/Add.1, para. 90, 21 December 2005, 30 November 2006 and 1
December 2006, see A/HRC/4/37/Add.1, para. 141, 157 and 158, 28 September 2007,
see A/HRC/7/28/Add.1, para. 376-379, 12 February 2009, see A/HRC/13/22/Add.1,
para. 310-313; and 23 March 2010, see A/HRC/16/52/Add.1, para. 21. He was also
the subject of Opinion No. 26/2010 (People’s Republic of China) of the Working
Group on Arbitrary Detention.
A/HRC/27/72
30
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