INSTITUTION OF THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA
The exercise of this right imposes positive obligations on the competent authorities, i.e. taking
measures in order to ensure the peaceful enjoyment of rights, which primarily includes protection
and assistance. Restrictions are possible and permissible, if they are legally prescribed and
necessary in a democratic society to protect public safety, to prevent disorder or crime, to protect
health or morals, or to protect the rights and freedoms of others. In practice, any restriction on
freedom of assembly must be commensurate with the objective for which the restriction is
established and the competent authority should always strive to use a more lenient restriction, if
the lesser measure can be achieved. The competent authority, in accordance with the principles of
good administration, must justify the decision restricting the freedom of assembly and provide
access to a remedy that should not only be available, but also effective. In this regard, as one of
their strategic goals of protection and promotion of basic human rights, the Human Rights
Ombudsmen of Bosnia and Herzegovina have decided to start drafting a Special Report on the
Right to Freedom of Peaceful Assembly in 2019.
Ombudspersons remind of the first Pride held on 8 September 2019 in Sarajevo under the slogan:
''Coming out'' as a form of a public assembly in move, which had passed without any incidents,
for which the organizers deserve to be praised, as well as the authorities policing the event 115.
Example: 116 In 2019 the Ombudsman registered a number of complaints related to the alleged
violation of the right to peaceful assembly. These are individual complaints lodged by the citizens
of Banja Luka, and the members of the informal group ''Justice for David.'' 117 The Ministry of
Interior of Republika Srpska was designated as respondent party. Given the specific nature of this
subject, registered complaints are process in the framework of the violation of the right to
peacefull assembly. During the processing of these complaints Ombudspersons asked the
responsible party to state their opinion. Based on analysis of the received complaint, replies of the
respondent parties and the relevant documentation, Ombudspersons have found a series of
controversies about the events subject to complaints 118 related to the gatherings of the informal
group of citizens Justice for David on 25 December 2018 and 30 December 2018. In such situations
(especially when allegations from complaints filed and statements made by the competent
authorities are completely opposite), the Institution of Human Rights Ombudsman of Bosnia and
Herzegovina does not, by the law, have the opportunity to directly adduce evidence in order to
determine all disputed facts. A special problem is the fact finding and establishment of the factual
state in cases in which, according to the complaints, police officers are charged with exceeding
their authority and excessive use of force in those situations when the internal control mechanisms
at the Ministry of Internal Affairs of Republika Srpska, as stated in their replies, investigated and
determined that there was no excess use of force and authority. Summarizing the complaints,
obtaining statements, analyzing the provisions of international regulations governing this area 119,
115
https://www.ombudsmen.gov.ba/Novost.aspx?newsid=1327&lang=HR
P-15/20, dated 05 February 2020
117
Ž-BL-05-1012/18, Ž-BL-05-1032/18, Ž-BL-05-1034/18, Ž-BL-05-12/19, Ž-BL-05-17/19, Ž-BL-05-19/19, Ž-BL05-20/19, Ž-BL-05-21/19, Ž-BL-05-7/19, Ž-BL-05-32/19, Ž-BL-05-59/19, Ž-BL-05-70/19, Ž-BL-05-146/19, Ž-BL05-461/19
118
Ž-BL-05-12/19; Ž-BL-05-32/19; Ž-BL-05-70/19
119
European Convention for the Protection of Human Rights and Freedoms, Universal Declaration of Human Rights,
International Covenant on Civil and Political Rights, United Nations Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment
116
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