INSTITUTION OF THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA
confirmed the diagnosis and therapy prescribed by Foča Prison doctor. The complainant is
included in the list of inmates with diabetes which is updated regularly and given to the kitchen
staff so they prepare adequate food for them including necessary additives and whole grain bread.
The Foča Prison management and relevant medical documents indicate that the prisoner is
changing his insuline doses on his own and is not taking adequate food which complicates his
disease. Ombudspersons keep following up this case.
Example: A complainant 266 who serves his sentence in Foča Prison complained of the quality of
health care provided claiming that he got asthma and bronchitis in the prison, as well as skin
diseases due to humidity. Ombudspersons asked the prison management to reply to these
allegations, which they did 267. Based on their reply, as well as the medical documentation
provided, Ombudspersons stated that the prisoner was and still is provided with adequate health
care, in accordance with the regulations, which is clearly seen from the health report. Respiratory
health problems also existed at the time the prisoner started serving his sentence. In this regard, he
was examined by a specialist pulmonologist, and he was recommended appropriate therapy, which
the prisoner refused to use. Also, the prisoners had a skin infection caused by the use of inadequate
razor hygiene equipment and it has nothing to do with humidity. Ombudspersons in this case
could not find violations of the right to health care, but it was noted that this is one of the ways in
which the convict seeks transfer to another penitentiary institution.
7.3.2. Accommodation conditions and prison staff
Persons deprived of liberty are entitled to adequate accommodation according to standards set out
in European Prison Rules 268. In this respect Ombudspersons can state that overcrowdedness which
was a challenge in all previous years is now almost completely resolved.
Existing accommodation capacities in the prisons located in the Federation of Bosnia and
Herzegovina 269 meet the needs for accommodation of detainees and prisoners. In 2018 and 2019
there were certain difficulties in the functioning of the detention unit of the Sarajevo Prison due to
overcrowding, because the detention capacity was planned for 88 people, and the actual number
was up to 130 detainees. In order to resolve the difficulties and relieve the detention facilities of
the Sarajevo Prison, the Federal Ministry of Justice has expanded the detention facilities at the
Zenica Prison by 70 places, in order to relieve the detention facilities of the Sarajevo Prison. At
the same time, the capacity of the detention unit of the Sarajevo semi-open Prison has been
expanded to 132 places. This Ministry, after the adoption of a new Rulebook on the criteria for
sending persons to serve a prison sentence 270 enabled the courts pronouncing prison sentences to
be served in Busovača Prison 271, which are mostly the courts from Zenica-Doboj and Central
Bosnia Cantons, to directly refer convicted persons to other prisons if the capacity of semi-open
Busovača Prison is filled. Based on the data provided in a letter of the Federal Ministry of
Ž-SA-07-906/19
A letter no. 03-3244/19 of 30 August 2019
268
European Prison Rules, Part II Allocation and accommodation 18.1.
269
Capacity of penitentiary institutions located in the Federation of Bosnia and Herzegovina as at 20 November 2019
was 1,982 places, while the total number of prisoners was 1,830 (1,476 convicted persons and 354 detainees)
270
Official Gazette of the Federation of Bosnia and Herzegovina" no. 33/2018.
271
According to the data obtained from municipal courts from the territory of Zenica-Doboj Canton and Central Bosnia
Canton as of 31 December 2018 a total of 20 convicting persons was waiting to be allocated to serve the sentence
266
267
68
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