ANNUAL REPORT ON THE RESULTS OF THE ACTIVITIES OF THE INSTITUTION OF THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA Granting the privileges out of the establishments is a benefit that a convicted person can only deserve by his good conduct and behavior, not the right or obligation that the administration must comply with. Granting of privileges is not conditional on positive check results of the police authorities. However, analyzing the cases registered by the Ombudsman, it could be concluded that it depends to a large extent on this opinion although it is not binding for the prison management. It is a general observation of Ombudspersons that police while collecting information from the field does not always do adequate and objective checks, but very often provides negative opinion automatically. Example: A complainant 282 claimed in her complaint that she served a half of her twenty year sentence in Tuzla Prison after which she became entitled to use of out-of-prison benefits with her family. However, for almost two years and seven months she is not able to do it as the Police station Novo Sarajevo provides the prison management with negative opinion giving no satisfactory reasons. During their investigation Ombudspersons asked the Tuzla Prison management and Police Administration Novo Sarajevo to give their opinion and reasons. In its letter, the Third Police administration Police Station Novo Sarajevo 283 claim that their police officers went to the field and had informative interviews with tenants at the provided address at which the convicted person wanted to spend her time during the stay out of the prison establishment, and found out that the community in general is against it. Therefore, the management of Tuzla Prison informed Ombudspersons 284 that the only reason why the convict does not use the benefit out of the prison establishment is a negative opinion of the community about it. The investigation is this case is pending. Example: The Ombudsman received two complaints 285 of the convicted persons serving their sentences in semi-open type Orašje Prison. They complained of being deprived of the out-of-prison benefits since the Police of Brčko District does not concur with it and keeps giving the negative opinion with no adequate reasoning. During the investigation Ombudspersons asked the Police of Brčko District to provide them with information as to the above subject along with all relevant evidence on the measures taken. The Brčko District provided an explanation 286 claiming that it acted in accordance with the document issued by the Prison management, made checks in the field and collected the opinions of the citizens as to the use of out-of-prison benefits. Given that they failed to provide any evidence to corroborate their claims and facilitate the Ombudsman's decision making. In this case Ombudspersons issued recommendations 287 to the Police of Brčko District of Bosnia and Herzegovina. These recommendations were implemented and cooperation with the Ombudsman established at once Santions, Detention and Other Measures in Brčko District of Bosnia and Herzegovina, Official Gazette of Brčko District BiH, no. 31/2011. 282 Ž-SA-07-1160/19 283 A document no. 02/10-2-04-10-3099/19 dated 27 November 2019 284 A document no. 04-12-5735-2/19 dated 11 November 2019 285 Ž-SA-07-1015/19 i Ž-SA-07-971/19 286 A document issued by the Police of Brčko District no. 14.01-04.12-65806/19 dated 30 October 2019 and a document issued by the Police of Brčko District no 14.01-04.12 dated 30 October 2019 287 P-265/19 dated 13 December 2019 and Recommendation no. P-265/19 dated 10 December 2019 71