CAT/C/BIH/CO/1
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(c)
Provide information in connection with criminal proceedings,
extending mutual judicial assistance to and cooperating with other relevant
countries and the Tribunal, as required by the Convention;
(d)
Enforce relevant legislation, including providing protection of
witnesses and other participants in proceedings, and ensure that testimonies by
victims of torture and ill-treatment are provided with fair treatment at all stages of
the proceedings;
(e)
Develop legal and other measures, enforceable throughout the State,
including an official programme for the rehabilitation of victims of torture
including sexual violence, providing them recognition as victims and the capacity to
pursue redress and their right to fair and adequate compensation and rehabilitation
in accordance with the requirements of the Convention.
11.
While noting the developments towards multi-ethnic structures within the respective
authorities, the Committee remains concerned about alleged cases of ethnic bias and politically
influenced police and judicial procedures. The Committee is also concerned that the State party
has not been able to prevent and investigate violent attacks against members of ethnic and other
minorities, in particular returnees.
The State should ensure that judges, prosecutors, lawyers and other personnel are
fully aware of the State party’s international obligations enshrined in the
Convention, that fair treatment prevails in all judicial procedures and that
independence of the judiciary is fully guaranteed and safeguarded, in particular in
procedures relating to the protection of minorities and returnees.
12.
The Committee is concerned that individuals may not have been able, in all instances, to
enjoy full protection under the relevant articles of the Convention in relation to expulsion, return,
or extradition to another country.
The State party should ensure that it complies fully with article 3 of the Convention
and that individuals under the State party’s jurisdiction receive appropriate
consideration by its competent authorities and guaranteed fair treatment at all
stages of the proceedings, including an opportunity for effective, independent and
impartial review of decisions on expulsion, return or extradition.
The State party should provide the Committee with information regarding cases of
extradition where the risk of being subjected to torture has or has not been
considered, including information on whether safeguards are in place to prevent
extradition in such cases.
13.
While noting the information provided by the State party on the various law enforcement
and prison administration procedures, the Committee remains concerned that procedures are
implemented differently in different parts of the State party. In addition, the education and
information provided to police and prison officers in the different entities and the practical
implementation of the knowledge and skills acquired through training vary.