CAT/C/67/D/854/2017
non-pecuniary damage compensation in the amount of 30,000 marka. 25 As for the execution
of the decision, the Executive Unit of the Court reports that the complainant decided to
withdraw her property claim because she was aware that the convict did not have any
property which could be used for her damage compensation and because she could initiate a
civil proceeding under the Law on Civil Obligations or file a new property claim with the
Court of Bosnia and Herzegovina. The Court also submits that the legislation foresees the
possibility to impose temporary measures in order to secure fulfilment of the property
claims in the criminal proceedings; however, the complainant never filed such a motion.
4.3
The State party reiterates the provisions of the Law on Civil Obligations that
establish compensation of non-pecuniary damage, the statute of limitations for such claims
and the Criminal Code, article 19 of which states that war crimes and crimes against
humanity are not subject to a statute of limitations.
4.4
Further, the State party submits that according to the Law on Social Protection,
Protection of Civilian Victims of War and Protection of Families with Children, the
complainant, as a civilian victim of war, has been receiving a monetary benefit called
“personal monthly income” in the amount of 59,494 marka since 1 February 2008.26
4.5
In its letter of 19 March 2018, the Ministry of Human Rights and Refugees stated
that the requested legal remedy for the complainant is partially acceptable since A did not
receive swift, fair and adequate compensation, her rights were implemented only partially
and the existing statute of limitations did not allow her to claim compensation for nonpecuniary damage.
4.6
Regarding the claim to ensure access to medical and psychological care immediately
and free of charge for the complainant, the Ministry of Human Rights and Refugees states
that, according to the Law on Social Protection, Protection of Civilian Victims of War and
Protection of Families with Children, the complainant is entitled to free services in mental
health centres and centres for social work as well as to primary and secondary health care.
Most of these services are free of charge apart from some specialist services, which must be
paid for.
4.7
The Ministry of Human Rights and Refugees submits that during the criminal trial
the complainant was receiving psychological support provided by the Witness Support Unit
of the Court of Bosnia and Herzegovina. The Unit provided psychological, emotional,
logistical, administrative and other support to all witnesses who testified before the Court.
The Ministry states that the requested remedy need not be provided as the complainant has
all the required medical and psychological care available.
4.8
In relation to the requested official apology to the complainant and her family, the
State party submitted that, even though the current legislation and law enforcement practice
do not foresee issuing an official apology27 to the victims of torture, the State party found
this remedy acceptable.
4.9
With regard to the applied statute of limitations for claims of compensation of nonpecuniary damage for the crimes of torture and sexual violence related to the armed
conflicts, the State party states that the requested remedy of amending the existing
legislation and practice is acceptable since Bosnia and Herzegovina has not aligned its
legislation with the provisions of the Convention and the European Convention on the
Compensation of Victims of Violent Crimes.
4.10 In relation to the request to ensure that the complainant receives her compensation
even if the perpetrator has no means by implementing the principle of subsidiary
responsibility, the State party found the remedy acceptable, as it has an obligation to bring
its legislation in line with international standards.
25
26
27
The amount of 16,000 marka for mental pain caused by her rights violations and the amount of
14,000 marka for mental pain due to her reduced life activities.
Monthly personal income is 70 per cent of the monthly disability allowance for war veterans of the
first disability group.
The draft law on the rights of victims of torture in Bosnia and Herzegovina provides for an official
apology as a remedy for the victims of torture; however, this draft law has not been adopted.
7