ANNUAL REPORT ON THE RESULTS OF THE ACTIVITIES OF THE INSTITUTION OF THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA VII RIGHTS OF PERSONS DEPRIVED FORM LIBERTY 7.1. Notion of torture and establishment of a preventive mechanism in Bosnia and Herzegovina By ratification of the Optional Protocol 238 to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT), Bosnia and Herzegovina has assumed responsibility for establishing the mandate of the National Preventive Mechanism/Preventive Mechanism, or an independent body with a mandate to, inter alia, conducts visits to all places where persons deprived of their liberty are held, in order to improve the position of persons deprived of their liberty, especially with regard to the identification of possible torture and other forms of inhuman and inhuman treatment. National Preventive Mechanism/Preventive Mechanism has not been established in Bosnia and Herzegovina However, through the Project of Capacity Building of the Institution of Human Rights Ombudsman of Bosnia and Herzegovina to carry out the mandate of the torture preventive mechanism in Bosnia and Herzegovina, adequate training on the mandate and functioning of the National Preventive Mechanism/Preventive Mechanism delivered 239, thus creating the preconditions for the Institution to assume the role of this mechanism. As part of this project, Ombudspersons visited all larger police stations in Bosnia and Herzegovina to determine the condition of detention facilities, and in relation to this prepared and presented to the public 240 their Special report on the conditions in the detention facilities in police administration units in Bosnia and Herzegovina 241. Visits to places where persons with freedom of movement are restricted in any way are an effective way to prevent and combat torture. Places where persons deprived of their liberty are detained, due to their character, are suitable places for torture, and regular monitoring of these places, i.e. public presentation of the findings of these visits a prerequisite for prevention of torture and other forms of degrading treatment of these persons. It is important to emphasize that the procedure of amending the Law on the Human Rights Ombudsman of Bosnia and Herzegovina 242 is pending. According to these amendments the National Preventive Mechanism/Preventive Mechanism has to be established, i.e. the creation of a legal framework for the implementation of obligations arising from the Optional Protocol to the UN Convention Against Torture. Amendments to the Law on the Ombudsman were accepted by the Council of Ministers in 2017, but nevertheless have not been adopted to date. 238 Ratified on 24 October 2008 The Project was implemented in cooperation with the Ombudsman of the Republic of Bulgaria and the Embassy of the Republic of Bulgaria 240 In April 2019 241 https://www.ombudsmen.gov.ba/documents/obmudsmen_doc2019041708251344bos.pdf 242 Amendments to the Law on the Institution of Human Rights Ombudsman of Bosnia and Herzegovina adopted by the Council of Ministers in 2017 239 63

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