CAT/C/BIH/CO/6 6. The Committee welcomes the State party’s efforts to adjust its policies and procedures in order to give effect to the Convention, including the adoption of the following: (a) The 2015–2018 Action Plan for Children of Bosnia and Herzegovina, in 2015; (b) The Official Strategy (2015–2019) to Combat Domestic Violence and Violence against Women, in 2015; (c) The 2016–2019 National Anti-Trafficking Action Plan, in 2015; (d) The 2016–2020 Strategy for Migration and Asylum and its Action Plan, in 2016. C. Principal subjects of concern and recommendations Pending follow-up issues from the previous reporting cycle 7. In paragraph 28 of its previous concluding observations (CAT/C/BIH/CO/2-5), the Committee requested the State party to provide further information regarding areas of particular concern that were identified by the Committee. The Committee expresses its appreciation to the State party for providing information on those issues (CAT/C/BIH/CO/2-5/Add.1). The Committee considers that its recommendations relating to amending the Criminal Code with regard to the definition of sexual violence and compiling data on cases of war-time rape and sexual violence (see CAT/C/BIH/CO/2-5, para. 9) have been fully implemented. The Committee, however, regrets that the recommendations concerning impunity for war crimes, redress for torture victims and enforced disappearances (ibid., paras. 12, 18 and 24, respectively) have been only partially implemented. Definition of torture 8. While welcoming the 2015 amendment to the Criminal Code of Bosnia and Herzegovina which aims to bring article 190 in line with the Convention, the Committee remains concerned that the provisions on the offence of torture in the Criminal Code of the Republika Srpska does not contain all the elements set out in article 1 of the Convention, and that the Criminal Codes of the Federation of Bosnia and Herzegovina and of Brčko District do not define torture as a separate offence. The Committee regrets that penalties for the offence of torture are not consistent throughout the State party (arts. 1 and 4). 9. Recalling the recommendations made in its previous concluding observations (see CAT/C/BIH/CO/2-5, para. 8), the Committee urges the State party to reinforce its efforts to harmonize the legal definition of torture in the Republika Srpska and Brčko District with the Criminal Code of Bosnia and Herzegovina so as to be fully in line with the definition contained in article 1 of the Convention. The State party should ensure that acts of torture are punishable by appropriate penalties commensurate with their grave nature, in accordance with article 4 (2) of the Convention, and that the penalties are consistent throughout the State party. Fundamental legal safeguards 10. Taking into account the procedural guarantees established in domestic legislation, the Committee is concerned at reports that, in practice, detained persons do not always enjoy all the fundamental legal safeguards from the outset of their detention. It notes with concern that the newly adopted Law on Free Legal Aid Provision in Bosnia and Herzegovina is yet to be effectively implemented. The Committee is also concerned at reports that persons held in police stations are not explicitly guaranteed the right to request and receive a medical examination by an independent doctor and that police officers are often present during medical examinations. It regrets the information received that the report prepared on the basis of the medical examination upon admission to prison omits the prisoner’s statements and explanations of injuries found and that the medical examination often takes place in the presence of prison staff (arts. 2 and 11–12). 2

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