INSTITUTION OF THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA
the legal ground for the adoption of this new procedure is set out in Articles 85 and 86 of the Law
on the Execution of Criminal Sanctions of the Federation of Bosnia and Herzegovina since there
are no provisions obligating the prison institutions to bear the postal costs of the convicted persons.
In the opinion of Ombudspersons the introduction of this measure of charging the convicted
persons for the costs of postal services put those convicted persons who do not have work
engagement and do not have the basic means of subsistence in an unequal position compared to
those who have work engagement, thus restricting their right to contact with outside world contrary
to the provisions of the European Prison Rules. Ombudspersons issued their recommendation to
the Federal minister of justice 320, but did not receive any information on the activities taken for
the implementation of this recommendation.
Based on the analysis of the received complaints 321 Ombudspersons note that convicted persons
often point to established contact with extramarital partners as a problem. In order to allow a
regular or extraordinary visit of an extramarital partner, penitentiary institutions ask convicted
persons to present evidence - a certificate of the existence of an extramarital union issued by the
competent social welfare center. In practice, it often happens that convicted persons request regular
and extraordinary visits for unmarried wives, even if they are still formally married, i.e. their
marriage is not divorced. Penitentiary institutions are not able to meet such requirements, because
according to the provisions of family law in Bosnia and Herzegovina, the marital union excludes
the existence of an extramarital union.
Hereby Ombudspersons want to point out that it is very important for the process of resocialization
and reintegration of convicted persons to maintain a quality relationship with their primary family.
The frequency of contacts between prisoners and their family members is influenced by various
factors, such as distance from the place of residence, material status of the family, family relations,
as well as a personal decision of a prisoner-parent regarding the child's visits to him/her while
serving the sentence in the institution. Maintenance of family bonds and quality family relations
during the execution of a prison sentence significantly contributes to mitigating the negative
effects of deprivation of liberty. In order for the prisoner to be able to fulfill the parental role as
well as possible, it is very important to establish various possibilities of communication and to
arrange the environment in which it will take place. Children in such a situation may feel
abandoned and frightened, and in some children this can cause emotional trauma, which can be
exacerbated if they are unable to talk to their parents and maintain an emotional relationship with
them. Often neglected and discriminated against, children whose parents are serving prison
sentences need the support and understanding of society. Investing in staff education and
equipping rooms specially arranged for children's visits are the answer to their need.
Ombudspersons wish to point out the importance and encourage penitentiary institutions in Bosnia
and Herzegovina to, in accordance with their capabilities, especially equip the rooms for contacts
of parents of prisoners with their children. In some penitentiary institutions in the Republika Srpska
and the Federation of Bosnia and Herzegovina, there are separate areas for contacts between
parents of prisoners and their children. 322 Humane contact of the child with the parent in prison
can be achieved by equipping it with furniture that is adapted to children, color decorations,
320
P-234/19 dated 05 November 2019
Ž-SA-07-844/19 , Ž-SA-07-829/19, Ž-SA-07-695/19
322
Bijeljina Prison, Doboj Priso, Banja Luka Prison, Mostar Prison
321
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