INSTITUTION OF THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA
7.3.6. Status rights of convicted persons
In 2019 the Ombudsman received a number of complaints related to resolving certain status issues
of persons deprived of liberty, such as obtaining an ID card, registration and change of residence,
assistance in obtaining documentation necessary to exercise the right to pension and other status
issues. Persons deprived of liberty must be able to access the documents they need to regulate their
status. Ombudspersons noticed certain problems that persons deprived of liberty have, related to
access to documents, or registration and change of residence, as it will be presented below.
Example: The Ombudsman processed a complaint filed by a convicted person 299 who could not
exercise his right to pension. Namely, the prisoner's proxy addressed the Federal Pension Insurance
Fund to obtain a listing comprising the data about the accelerated pension benefit payment by the
prisoners ex-employers into the pension fund . Having summarized all the facts and evidence
collected during its investigation the Ombudsman issued a recommendation 300 to the Federal
Ministry of Interior and the minister of the Ministry of Interior of Sarajevo Canton. The Federal
Ministry of Interior failed to answer and in the meantime the prisoner's proxy informed the
Ombudsman that the prisoner reached the age of 65, which made him entitled to pension anyway
irrespective of the fact that he would enjoy more favorable conditions had he retired according to
accelerated pension benefit scheme.
Example: Ombudspersons opened their investigation based on a complaint lodged by a prisoner301
serving her sentence in Tuzla Prison who applied to the Ministry of Interior of Police
Administration Novi Travnik to issue her new personal ID card as she had lost her previous one
prior to her referral to serve her sentence. However, the Police Administration Novi Travnik never
replied to her application. In the meanwhile she become entitled to the use of benefits outside the
prison, but without her ID card she cannot exercise this or other rights. She is a mother of a minor
child (16 months old baby), so she fears that all these delays in issuance of ID card can deprive
her of the contact with her child. In the course of their investigation Ombudspersons were informed
that the complainant had exercised her right, because shortly after the Ombudsman's intervention
she was furnished with a decision declaring the ID card invalid and the mobile team of the Travnik
Police Administration came to Tuzla Prison to carry out the procedure for issuing a new ID card.
Example: Ombudspersons opened an investigation upon a complaint 302 lodged by a prisoner
serving his sentence in Foča Prison related to difficulties he is facing in registration of the residence
as the Administration Department of the Ministry of Interior of Tuzla Canton does not allow it.
The Ombudsman's investigation revealed that the first-instance body adopted a decision refusing
the application of the complainant for registration of the residence because he failed to furnish all
required documentation under the BiH Law on Temporary and Permanent Residence 303. The
second-instance body accepted the complainant's appeal and returned the application to the firstinstance body to repeated decision-making with suggestion to grant the complainant's request for
residence registration at the address of the Social Welfare Center Tuzla which points out that the
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No.: P-129/18 of 07June 2018
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Official Gazette of Bosnia and Herzegovina, no. 32/2001, 56/2008 and 58/2015
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