ANNUAL REPORT ON THE RESULTS OF THE ACTIVITIES OF THE INSTITUTION OF THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA
Council will inform the complainant on its prosecutorial decision, and refer the relevant
information to your Institution as well for your information 151.”
Ombudspersons noticed changes in the actions of the Office upon the claims which can be seen
from the following example.
Example: Ombudspersons tackled a complaint 152 filed by an association of the workers of the
then shareholder DD „BOSNA“ Derventa, in which the possible violation of the provisions of the
Law on Civil Procedure is indicated, along with the provisions of Article 6 paragraph 1 of the
European Convention on Human Rights (procedure within the reasonable time). Further
documentation furnished to Ombudspersons shows that the complainant filed a complaint to the
Disciplinary Counsel's Office for that reason. In this reply 153 it is claimed as follows: „… we
hereby inform you that we have registered a complaints under the mentioned number and this is
currently subject to investigation. On the actions taken by the Office we cannot inform you since
this information is confidential as provided for in Article 70 paragraph 1 of the Law on Council
(„Official Gazette of BiH, nos 25/04, 93/05, 48/07 and 15/08). Article 72 paragraph 2 of the Law
on Council prescribes an obligation of the Office to finish its investigation within two years from
the date of the receipt of a claim. The Office is making efforts to finish all investigations as soon
as possible before the expiry of the mentioned deadline.“
5.3. Prosecutor's offices
In 2019 the Department for Monitoring the Exercise of Rights in the Judiciary and Administration
registered 80 complaints related to the work of the prosecutor's offices in Bosnia and Herzegovina,
in which it issued 12 recommendations, out of which two were implemented, in three cases a form
of cooperation was achieved, six recommendation remained with no reply and one was not
implemented.
Example: Ombudspersons processed a complaint 154 in which the respondent pary was the
Regional Prosecutor's Office Banja Luka to which the complainant filed a criminal report on 27
July 2017 at the same time asking the Ombudsman to follow up the developments in this matter.
In processing this complaint, and having in mind the time lapsed since the filing of report, on 25
October 2018 Ombudspersons sent a letter to the Prosecutor's Office asking it to provide it with
some information about the matter. On 18 June 2018 they repeatedly addressed the Prosecutor's
Office asking whether or not the investigation in the subject matter was finished and what was the
outcome. In its reply 155 the Prosecutor's Office informs the Ombudsman that the prosecutorial
decision has not been made yet „...since the case involving a request for gathering certain
information and taking of certain measures is still being processed by the Public Security Center
Banja Luka, Economic Crime Department, Team-2.“ In this case Ombudspersons issued their
151
2015 Annual report on the results of the activities of the Institution of Human Rights Ombudsman of Bosnia and
Herzegovina, p. 18
152
Ž-SA-05-1020/19
153
A document issued by the Disciplinary Counsel's Office no. UDT DI 009895 19 dated 04 December 2019
154
Ž-BL-06-749/17,
155
A document no.: T13 0 KTAK 0037108 17 dated 03 July 2018
43
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