ANNUAL REPORT ON THE RESULTS OF THE ACTIVITIES OF THE INSTITUTION OF THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA
Example: In his complaint 312 the complainant stated that he was afraid for his safety because some
convicts in the Tuzla Prison were threatening him constantly. He thinks that his life is endangered
and because of that he is afraid to move freely, to go swimming, or to eat in the kitchen. During
the investigation, the representatives of the Institution talked to the complainant and the Prison
management, after which the complainant was transferred to the B collective.
7.3.8. Communication with outside world
Ombudspersons point out the great importance of maintaining good contact with the outside world
of all persons deprived of their liberty. It is very important to emphasize that most detainees and
prisoners will one day be free, so they should be supported and allowed to maintain as many
connections with the outside world as possible. These contacts should not be limited to family
members, but should include friends and everyone else related to them. A detained or imprisoned
person is entitled to receiving visits and maintaining the correspondence, especially with family
members, and must have adequate opportunity to communicate with the outside world. European
prison rules 313 provide the following: “...Na Communication and visits may be subject to
restrictions and monitoring necessary for the requirements of continuing criminal investigations,
maintenance of good order, safety and security, prevention of criminal offences and protection of
victims of crime, but such restrictions, including specific restrictions ordered by a judicial
authority, shall nevertheless allow an acceptable minimum level of contact.”
Ombudspersons remind that the written communication of convicted persons cannot be subject to
any restrictions or supervision, and they want to welcome the positive changes when it comes to
certain prisons in the Republika Srpska 314, because they accepted the recommendations of the
Ombudsman regarding the secrecy of correspondence and the letters of convicted persons which
delivered to the Ombudsmen in sealed envelopes. However, certain prison institutions 315 keep
delivering letters to the Ombudsman in open envelopes with a cover letter from the prison
management containing certain data about the convicted person.
Example: Ombudspersons opened an investigation upon a complaint 316 filed by a prisoner serving
his sentence in Tuzla Prison Director of which furnished him an illegal information 317 which
introduced a new procedure of payment of postal services, according to which the convicted
persons have to pay for postal services from their own funds for all letters sent outside the prison,
except those signed by the Prison Warden. During the investigation, Ombudspersons received a
statement from the Tuzla Prison 318 whereby they are informed that by which they were informed
that Minister of Justice of the Federation of Bosnia and Herzegovina on 28 March 2019 established
the Procedure on the manner of payment of postal services for letters sent by convicted persons
with the instruction that prison institutions are obliged to apply it from the day of its entry into
force, which is 01 April 2019. The statement of the Federal Ministry of Justice 319 explains that
Ž-SA-07-1079/19
European Prison Rules, Part II Contact with the outside world
314
Foča Prison, Trebinje Prison, Doboj Prison.
315
Bijeljina Prison and Banja Luka Prison
316
Ž-SA-07-476/19 dated 22 April 2019
317
No.: 04-12-1797/19
318
No.:04-49-2080/19 dated 16 July 2019
319
Broj:04-49-2080/19 dated 16 July 2019
312
313
77
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