ANNUAL REPORT ON THE RESULTS OF THE ACTIVITIES OF THE INSTITUTION OF THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA complainant is covered by the provisions of Article 8 paragraph 7 of the BiH Law on Temporary and Permanent Residence 304 since he earlier neither had a residence on the territory of BiH, nor property or relatives at whose address he could have register the residence. The Ministry of Civil Affairs of Bosnia and Herzegovina was included in seeking solution of this problem. This Ministry asked the complainant to provide them with some additional information in order to solve his matter. Investigation in this case is still pending. 7.3.7. Transfer and conditional release Transfer of convicted persons in Bosnia and Herzegovina involves the transfer of prisoners from one collective to another within the same institution, or from one institution to another within the same entity, as well as transfer from a prison in one entity to a prison located in another entity. Due to the complex and non-harmonized legal regulation in Bosnia and Herzegovina, the issue of transfer of convicted persons has been regularly addressed by Ombudspersons in their annual reports for the last few years. Due to the importance of this right for convicts, the Ombudsmen consider it necessary to reiterate to the competent authorities that due to the inconsistency of the legislation, some convicted persons are discriminated against. Based on the Ombudsman's initiative for legal amendments to the entity legislation 305 the Ministry of Justice of the Federation of Bosnia and Herzegovina prepared a Draft Law on the Execution of Criminal Sanctions of the Federation of BiH, which envisages the possibility of transferring convicted persons from penitentiary institutions of one entity to institutions in another entity, but under the same conditions and according to the same procedure as provided for in Article 151 of the Law on Execution of Criminal Sanctions and Misdemeanor Sanctions of the Republika Srpska. 306 The Law on Execution of Criminal Sanctions and Misdemeanor Sanctions of the Republika Srpska foresees that the Prison Warden can file a motion for transfer of a convicted person to the entity in which he has a permanent or temporary residence due to the safety reasons or simplification of the organization related to serving the sentence. The Ombudsman asked the Federal Ministry of Justice to provide it with information about the stage of the amendment procedure of the Law on Execution of Criminal Sanctions and received a letter 307 including the following information: ”On 09 October 2019 the Federal Ministry of Justice sent a letter no. 01-49-2772/19 to the Government of the Federation of Bosnia and Herzegovina comprising the suggestion that the Draft Law on Amendments to the Law on Execution of Criminal Sanctions in the Federation of Bosnia and Herzegovina be withdrawn from the parliamentary procedure. In a letter No. 03-02-591 / 2016 of 23 October 2019 the Government of the Federation 304 Article 8 paragraph 7 of the Law on Temporary and Permanent Residence of Citizens of Bosnia and Herzegovina reads: A competent social welfare authority may enable a person who does not have a place and address of residence or means to meet the need for housing (hereinafter: homeless person) to register residence at the address of the social assistance institution, in which case the homeless person is obliged to submit to the competent authority and social welfare institution their contact address which may be with a natural or legal person with their consent. 305 On 07 March 2016 Ombudspersons referred to the Parliament of the Federation of Bosnia and Herzegovina and the Federal Ministry of Justice their initiative for the amendments of the Law on Execution of Sanctions in the Federation of Bosnia and Herzegovina 306 Law on the Execution of Criminal and Misdemeanor Sanctions of Republika Srpska, Official Gazette of Republika Srpska, no. 63/2018 307 No. : 04-49-3649/19 dated 07 January 2020 75

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