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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