INSTITUTION OF THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA Example: The Ombudsman received a complaint of a husband of an inmate of Tuzla Prison 276 in which he complained of inhumane and unhygienic conditions in the room for conjugal visits. Representatives of the Institution visited the said room, and determined that the room was unconditional, cold, unpainted, full of moisture. During the conversation with the director of the Institute, the representatives of the Ombudsman were told that measures would be taken in order to adapt this room. After a while Ombudspersons received a letter from Tuzla Prison 277 in which it was said "... in November 2019, in the room for conjugal visits, the plasterboard walls were separated by slabs in order to prevent the penetration of moisture, the room was painted, and the process of procuring the floor cover is in progress. Once a week, the room is generally cleaned, bed linen is changed after each visit, and also under the public procurement procedure are linen bed sheets that would replace the current ones. During the conjugal visit, the hygiene in the room is maintained by the persons who use it... 7.3.3. Benefits out of the establishments Success of institutional rehabilitation treatment is extremely important in approving the benefits out of the prison establishments. After fulfilling all legal aspects, i.e. serving the part of the prison sentence, the conditions are met when a convicted person can submit a request to the management of the institution for approval of the use of out-of-prison benefits (weekend leave, going out, vacation). When making a decision on their request, all aspects of institutional rehabilitation treatment are analyzed: fulfillment of legal conditions for submitting an application, attitude towards sentence, conduct and behavior while serving a sentence, employment, participation in free activities, attitude towards officials. On the other hand, a joint assessment is made between the treatment service and the security services on the degree of risk of whether a person will abuse out-of-prison benefits. This assessment 278 has to be done thoroughly and in its conducting data from the field are required (opinion of the competent police administration and competent social welfare center). For persons convicted by the Court of BiH a final decision on granting benefits out of prison is made by a prison director in accordance with the law 279 and the Rulebook of use of benefits and annual leave of prisoners serving sentences in the institutions for the execution of criminal sanctions and other measures of Bosnia and Herzegovina 280. For persons convicted by the entity courts, a final decision on granting benefits out of prison is made by a prison director or a person authorize by him in accordance with the Law 281 and the House rules of a particular prison. Ž-SA-07-1209/19 No. 04-12-6007-2/17 dated 26 November 2019 278 Article 154 paragraph 3) of the Bosnia and Herzegovina Law on the Execution of Criminal Santions, Detention and Other Measures, Official Gazette of BiH, no. 13/2005, 53/2007, 97/2007, 37/2009 and 12/2010 reads: The risk assessment or the assessment of security conditions shall at the very least include: threat to the public/community in case of a prisoner’s escape, prior conduct, escape attempts, previous arrest upon the wanted notice, access to outside help, prior criminal record, personal and family circumstances, leaving the territory of BiH in the past, tendency to move from one place to another or frequent change of temporary or permanent place or residence, participation in the treatment programs, nature of the criminal offense for which the prisoner was convicted, manner, motive and consequences of the committed criminal offense, attitude towards the victim, k)length of sentence, possible threat to other prisoners, other circumstances that may be of importance for the assessment of security risk. 279 Bosnia and Herzegovina Law on the Execution of Criminal Sanctions, Detention and Other Measures, Official Gazette of BiH, no. 13/2005, 53/2007, 97/2007, 37/2009 and 12/2010 280 Official Gazette of Bosnia and Herzegovina no. 67/2009 and 20/2012 281 Law on the Execution of Criminal Sanctions in the Federation of Bosnia and Herzegovina, Official Gazette of the Federation BiH, no. 44/98, 42/99, 12/2009 and 42/2011, Law on the Execution of Criminal and Misdemeanor Sanctions of Republika Srpska, Official Gazette of Republika Srpska, no. 63/2018, Law on the Execution of Criminal 276 277 70