ANNUAL REPORT ON THE RESULTS OF THE ACTIVITIES OF THE INSTITUTION OF THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA
Herzegovina/Asylum
implemented.
Sector.
The Ombudsman's recommendation was accepted
and
Example: 98 Ombudspersons received a complaint lodged by the NGO „Vaša prava BiH“/„Your
Rights BiH“ on behalf of the minor A.A., a national of Morocco, L. F., a national of Algeria, and
A.L., a national of Algeria. In the complaint they emphasize that these minors expressed their
intention to seek asylum to the Service for Foreigners’ Affairs - Field Center Tuzla. Also, they
claim that the minors wanted to register their permanent residence with the Service for
Foreigners’ Affairs - Field Center Tuzla, together with the owner of the apartment in which they
are accommodated, pursuant to Article 38 paragraph (2) of the Law on Asylum. However, officers
of the Field Center Tuzla refused to register their residence justifying their action by the fact that
the minors had no identification documents and referred them to the Ministry of Security - Asylum
Sector, to lodge their request there. Following that the employees of the NGO „Vaša prava BiH“
contacted the FC Tuzla which issued to the minors new certificates on the expressed intent to seek
asylum and their residence registered for the time period corresponding the one determined at the
mentioned certificate. Having in mind the fact that all mentioned documents are temporary and
are in force for a certain time period, the Ombudsman asked the Ministry of Security - Asylum
Sector to provide their interpretation. The reply they provided reveals that the request for asylum
was duly received, and the registration of the residence completed, thus finishing the procedure to
the favor of the complainant.
4.7. Public documents
In 2019, a total of 42 cases were registered in this area and eight recommendations were issued,
regarding the correction of the contents of certain public documents after the conducted procedure
or during the proceedings. Ombudspersons point out that the public documents constitute so-called
material means of evidence, which are presumed to be authentic. Various pieces of legislation
governing this area prescribe the manner in which the correction of data in acts could be done,
depending on the type of proceedings, i.e. the authority before which these proceedings are
conducted.
Example: 99 The complainant addressed the Ombudsman asking the assistance in correction of an
error in a decision on inheritance in the probate proceedings conducted after the death of the
complainant's late mother before a notary public acting as a commissioner of the Municipal Court
in Cazin. After the conducted investigation, Ombudspersons issued their recommendation100
following which the Municipal Court in Cazin informed the Ombudsman 101 that the notary
corrected the error in the mentioned decision on inheritance thus implementing the Ombudsman's
recommendation. In this way the case was sucessfully solved.
Example: 102 The Ombudsman received a complaint of the work of the Pension and Disability
Insurance Fund of Republika Srpska in respect of the violation of the rights arising from the
Ž-SA-05-771/19
Ž-BL-05-950/18
100
P-92/19 dated 28 March 2019
101
A document no.: 020-0-SU-19-0001 55, dated 22 May 2019
102
Ž-BL-05-295/19
98
99
33
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents