INSTITUTION OF THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA
Example: A complainant 288 serving in Doboj Prison claims that his human rights are breached
and he discriminated and abused because of his religion. In addition to that, he is entitled to the
use of out-op-prison benefits and he has a positive opinion of the competent social welfare center
and the police administration. During the investigation the Doboj Prison furnished the
Ombudsman with its opinion 289 whereby they claim that it was correct that the convicted person
had gained the right to apply for the benefits outside the establishment, but at that moment before
the Regional court of Doboj new criminal proceedings against him are taking place. On the other
hand his application is refused temporarily waiting the confirmation of data provided by the Police
letter that the mentioned person also has a Croatian citizenship (and that there is a danger that he
might escape). After that the prisoner started his hunger strike insisting to be transferred to another
prison, Orašje or some other prison in the Federation of Bosnia and Herzegovina. On 97 October
2019 the prisoner was transferred to Foča Prison in Republika Srpska based on a decision of the
Ministry of Justice of Republika Srpska.
Example: A complainant 290 claimed that he was serving his sentence of three years in Sarajevo
Prison under a judgment of the Court of BiH. He emphasized that he was entitled to the benefits
out of prison as he had served a half of his sentence. He applied three times addressing the
competent police administration, but the answer was negative. During the investigation
Ombudspersons received a letter from the Sarajevo Prison management 291 which reads as follows
”..at the beginning of December the application of the mentioned convicted person was processed
and he was granted out-of-prison benefits starting from 14 December 2019...”
7.3.4. Prison labor
Among the most effective forms of treatment of convicted persons on their path to resocialization
is their work engagement. The prison work by convicts is treated as an integral part of the treatment
and it must be purposeful and not degrading. The purpose of work is to enable to convicted persons
to acquire, maintain or increase their working skills, so that, if possible, they can earn some income
after their release making use of the acquired skills. Penitentiary institutions are obliged to take
into account the physical and mental characteristics of convicts, their inclinations and abilities, and
professional qualifications when determining the type of work. A convicted person may work in
the institution and outside it, and they receive compensation for that work. In this way, convicts
provide a significant source of income through their work engagement, which they can send to
their families.
Ombudspersons think that prison institutions should he Ombudsmen make additional efforts in
order to improve the work engagement of persons serving prison sentences in accordance with
objective possibilities. For example, in some penitentiary institutions in Bosnia and Herzegovina,
the work of convicts on agricultural goods (greenhouse production) provides a certain amount of
food needed to feed the inmates. 292
Ž-SA-07-657/19
289 A document no. 03-241-2668/19 dated 23.09.2019
290 Ž-SA-07-1254/19 dated 20 November 2019
291 No.: 01-12-201-5/18 dated 05 December 2019
292 In Busovača Prison, prisoners are engaged in hygiene maintaining, they prepare food in the prison kitchen, as
well as to maintain the Prison circle. In addition to the above-mentioned jobs, the convicts, together with the prison
288
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