INSTITUTION OF THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA
of Bosnia and Herzegovina informed that the Draft Law on Amendments to the Law on Execution
of Criminal Sanctions in the Federation of Bosnia and Herzegovina was withdrawn from the
parliamentary procedure. In the preliminary draft of the new Law on Execution of Criminal Justice
Sanctions, the Federal Ministry of Justice incorporated all the provisions contained in the draft
law on amendments to the Law on Execution of Criminal Sanctions in the Federation of Bosnia
and Herzegovina.”
With regard to the right to conditional release Ombudspersons issued to the Ministry of Justice of
Republika Srpska and the Federal Ministry of Justice the following recommendation 308“... with
the aim of eliminating discrimination it is necessary that the Ministry takes all measures within its
competence for quick and efficient decision-making on the application for conditional release of
convicted persons serving a prison sentence in penitentiary institutions of the Federation of Bosnia
and Herzegovina based on decisions made by the courts of Republika Srpska …”
Ombudspersons emphasize that their recommendation was accepted by the Ministry of Justice of
Republika Srpska, where the Republika Srpska Law on Execution of Criminal and Misdemeanor
Sanctions 309 was adopted. Article 185 of the said Law reads as follows:
,,(1) In order to encourage the personal efforts to engage in life at large of a prisoner who can
reasonably be expected to no longer commit criminal offenses and that their imprisonment has
served the purpose of punishment, the prisoner may be released on parole in accordance with the
Criminal Code and this Law.
(2) Conditional Release Commission (hereinafter: the Commission), appointed by the Minister,
shall decide on the conditional release of prisoners serving a prison sentence in the institutions of
the Republika Srpska ....
Example: The Ombudsman processed a complaint 310filed by the mother of a prisoner serving his
sentence in Sarajevo Prison. In her complaint she states that her disabled son (his leg was
amputated and he is wearing a prosthesis), stays in an unconditional room, which is full of
moisture, in which water leaks from the tiles, there is no hot water, in which there are no hygienic
conditions, especially not for people with disabilities. She pointed out that her son was on a hunger
strike and that the judge who ordered custody was informed about it, but that nothing had changed.
Ombudspersons contacted the director of the Sarajevo Prison by telephone, who explained that the
Sarajevo Prison in general had a problem with accommodation capacity, but that they would try
to do everything possible to provide better conditions for this detainee. After a while
Ombudspersons received a letter 311 whereby they were informed that the detainee in question was
transferred to Zenica Prison Detention Unit. Mother of the detainee also contacted the Ombudsman
and said that her son is satisfied with accommodation conditions and treatment and that there no
further need for the Ombudsman's intervention.
308
P-102/17
Law on the Execution of Criminal and Misdemeanor Santions of Republika Srpska, Official Gazette of Republika
Srpska, no. 63/2018
310
Ž-SA-07-470/19
311
A document of the Municipal court in Sarajevo no. 65 0 K 663410 17 K dated 15 May 2019
309
76
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