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).
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