Norma relacionada
Bosnia and Herzegovina
Practice Relating to Rule 117. Accounting for Missing Persons
Bosnia and Herzegovina’s Law on Missing Persons (2004) states:
A missing person is a person whose family is without news of him/her and/or is reported as unaccounted for, on the basis of reliable information, due to armed conflict which occurred on the territory of the former SFRY [Socialist Federal Republic of Yugoslavia]. 
Bosnia and Herzegovina, Law on Missing Persons, 2004, Article 2(1).
The Law also states:
Missing person’s status ceases on the day of identification and the procedure of tracing the missing person is terminated.
In case a missing person is declared to be dead without human remains being found, the tracing process shall not be stopped. 
Bosnia and Herzegovina, Law on Missing Persons, 2004, Article 9.
In 2005, in its initial report to the Human Rights Committee, Bosnia and Herzegovina stated that its Law on Missing Persons (2004) includes provisions on the “process of search for missing persons”. 
Bosnia and Herzegovina, Initial report to the Human Rights Committee, 24 November 2005, UN Doc. CCPR/C/BIH/1, § 46.
Bosnia and Herzegovina’s Red Cross Society Law (2004) states:
The Tracing Agency shall be formed within the [Red Cross] Society in order to provide information on war victims, as foreseen by the [1949] Geneva Conventions and the Tracing Agency Rule Book which regulate the collection of data on the victims of armed conflict, and in order to perform other tasks stipulated in the Geneva Conventions as well as to organize the Tracing Agency in the Society. 
Bosnia and Herzegovina, Red Cross Society Law, 2004, Article 12.
Bosnia and Herzegovina’s Law on Missing Persons (2004) states:
Article 4 (Obligation of Providing Information)
[R]elevant authorities and institutions of Bosnia and Herzegovina, the Federation of Bosnia and Herzegovina, Republika Srpska, and Brčko District of Bosnia and Herzegovina in charge of defence, justice and the interior as well as other authorities in charge of tracing the missing persons, and other entity, cantonal and municipal authorities which, within their competence, solve cases related to persons unaccounted for in/from Bosnia and Herzegovina … are obliged to provide any available information to the families of the missing persons, relevant institutions for tracing the missing persons, as well as all the necessary support related to the process of improving the tracing and solving the cases of the missing persons from/in Bosnia and Herzegovina.
Article 5 (The Way of Information Exchange)
Competent authorities at all levels … are obliged, within 30 days from this law entering into force, to designate competent bodies, i.e. officials, who shall be obliged to cooperate with the relevant institutions and bodies for tracing the missing persons, associations of families and members of the missing persons’ families and to assist in exercising the rights that the members of the missing persons’ families are entitled to on the basis of this and other relevant laws in Bosnia and Herzegovina.
Competent authorities … are obliged on the basis of the previously and recently submitted requests for information to collect and check any available information and facts, specifying the sources checked in the process of establishing such information that is related to the disappearance of the missing person, to look into the official records and materials within their competent institution and to communicate the information in writing to the applicant and the relevant institutions for tracing the missing persons.
Article 6 (Obligation of Exchange and Cooperation)
Competent authorities in Bosnia and Herzegovina shall have the obligation to exchange amongst themselves the information related to the process of tracing and establishing the fates and identities of the missing persons. 
Bosnia and Herzegovina, Law on Missing Persons, 2004, Articles 4–6.
The Law also states:
The Central Records of the Missing Persons in Bosnia and Herzegovina … shall include all records of the missing persons having been kept on local and entity levels, by associations of families of the missing persons, other associations of citizens, and by Tracing Agencies of Bosnia and Herzegovina’s Red Cross, within their respective mandates.
The data about the missing persons, kept by the international organizations within their respective mandates, under the principle of confidentiality, are included in the Central Records on the basis of the agreement the Institute concludes with them. 
Bosnia and Herzegovina, Law on Missing Persons, 2004, Article 21.
In 2005, in its initial report to the Human Rights Committee, Bosnia and Herzegovina stated that its Law on Missing Persons (2004) includes provisions on the “establishment of a central database on missing persons from/within Bosnia and Herzegovina”. 
Bosnia and Herzegovina, Initial report to the Human Rights Committee, 24 November 2005, UN Doc. CCPR/C/BIH/1, § 46.
Bosnia and Herzegovina’s Law on Missing Persons (2004) states:
The competent authorities of Bosnia and Herzegovina [are to] particularly cooperate with the ICRC, the ICMP [International Commission on Missing Persons], the MPI [Missing Persons Institute] and the Red Cross Society of Bosnia and Herzegovina in accordance with their mandates, with the aim of improving the tracing process. 
Bosnia and Herzegovina, Law on Missing Persons, 2004, Article 6.
In 2005, in its initial report to the Human Rights Committee, Bosnia and Herzegovina stated that its Law on Missing Persons (2004) includes provisions for the “direct cooperation of competent authorities throughout Bosnia and Herzegovina with neighbouring countries, in which the disappearance of a missing person might have occurred”. 
Bosnia and Herzegovina, Initial report to the Human Rights Committee, 24 November 2005, UN Doc. CCPR/C/BIH/1, § 46.
Bosnia and Herzegovina’s Law on Missing Persons (2004) states:
Family members have a right to know the fate of their missing family members/relatives, including their whereabouts, or, if dead, the circumstances and cause of their death, as well as the place of burial if known, and to receive their mortal remains. 
Bosnia and Herzegovina, Law on Missing Persons, 2004, Article 3.
The Law also states:
Competent authorities in Bosnia and Herzegovina shall have the obligation to ensure that the members of the missing persons’ families exercise their rights stipulated by this law and other relevant laws in Bosnia and Herzegovina under equal conditions, regardless of whether the missing person was a member of armed forces or a civilian, without any adverse discrimination, including discrimination based on sex, race, colour, language, religion or faith, political and other affiliations, national and social origin, belonging to a national minority, material status, age, mental or physical disability, status acquired by birth or any other status. 
Bosnia and Herzegovina, Law on Missing Persons, 2004, Article 10.
In 2005, in its initial report to the Human Rights Committee, Bosnia and Herzegovina stated that its Law on Missing Persons (2004) includes provisions regarding the right of families to know the fate of their relatives:
The right of the families of the missing persons is to come to know the destiny of the missing members of the families and relatives, their residence/habitual residence or, if they are dead, circumstances, cause of death and place of burial, if such a place is known, and to get their remains. 
Bosnia and Herzegovina, Initial report to the Human Rights Committee, 24 November 2005, UN Doc. CCPR/C/BIH/1, § 46.