INSTITUTION OF THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA
recommendation 156 to the relevant Regional Public Prosecutor's Office Banja Luka and the
Ministry of Interior of Republika Srpska. The recommendation was implemented.
5.3.1. Actions of the Prosecutor's offices in cases of domestic violence
Ombudspersons emphasize that, as it will be showcased in the examples that follow, it raises their
concerns that prosecutors, in a large number of cases, submit an identical response to the
Institution: We inform you that the investigation is ongoing, without providing specific answers.
This is particularly problematic in cases involving criminal charges filed for domestic violence.
Such examples contribute to a worrying situation, as it could be seen in the chapter related to the
violence against women, that most women victims of violence do not trust the institutions of the
system, which results in accumulation of fear among women victims of violence and their failure
to report cases of violence. This also raises the issue of the efficiency and timely functioning of
the judicial apparatus.
Ombudspersons emphasize that international standards on the protection of victims of violence
put the victim in the first plan, and first take into account the safety and protection of the victim,
and in this regard encourage states to coordinate actions to protect victims, so that victims receive
immediate and comprehensive assistance through coordinated, multidisciplinary and professional
activities, and cooperation between the police, health and social services, the judiciary and the
non-governmental sector.
Example: Ombudspersons processed complaints 157 in which the complainant designated the
Cantonal Prosecutor's Office of Tuzla Canton as a respondent party in relation to their filed
criminal report 158 for domestic violence which were not processed until the moment of their
addressing the Ombudsman. In the course of the Ombudsman's investigation in both cases the
Ombudsman received replies from the Cantonal Prosecutor's Office of Tuzla Canton:
-
A reply 159 which reads as follows:
„In respect of your inquiry received on 13 February 2019 related to the complaint filed by ŠM
from Tuzla against the Cantonal Prosecutor's Office of Tuzla Canton to which it filed a criminal
report for domestic violence on 23 August 2018, which, according to her claims had not been
processed yet, we herewith inform you that the investigation in this case is pending, and that the
criminal report was referred to the responsible police administration to further processing in
order to check the veracity of the claims.“
156
Recommendation no. P-25/19 dated 28 January 2019
Ž-BR-08-156/19; Ž-BR-05-2/19.
158
Report filed on 23 August 2018 and 22 August 2018
159
A document no. T03 0 KTA 0075453 18 dated 20 February 2018
157
44
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