CAT/C/67/D/854/2017
for a victim of torture and ill-treatment”.20 With regard to rehabilitation, the Committee
indicated that it should be holistic and include medical and psychological care as well as
legal and social services, 21 while satisfaction should include an official declaration or
judicial decision restoring the dignity, the reputation and the rights of the victim and of
persons closely connected with the victim; judicial and administrative sanctions against
persons liable for the violations; public apologies, including acknowledgement of the facts
and acceptance of responsibility; and commemorations and tributes to the victims. 22 Finally,
with regard to guarantees of non-repetition, the Committee declared that States should
undertake measures to combat impunity for violations, including ensuring that all judicial
proceedings abide by international standards of due process, fairness and impartiality;
training for law enforcement officials as well as military and security forces on human
rights law; and specific training on the Manual on the Effective Investigation and
Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (the Istanbul Protocol) for health and legal professionals and law enforcement
officials.23
3.4
The complainant requests the Committee to urge the State party to ensure that she
receives adequate redress for the harm suffered. This shall encompass material and moral
damages and incorporate measures aiming at providing restitution, rehabilitation,
satisfaction (including restoration of dignity and reputation) and guarantees of nonrepetition. In particular, the State party should be required to: (a) ensure prompt, fair and
adequate compensation proportional to the gravity of the violations she was subjected to; (b)
provide her with immediate medical and psychological care free of charge; (c) bring the
complainant and her family official apologies; (d) ensure that civil claims for nonpecuniary damage related to claims under international law (in particular, sexual violence
and torture) are not subjected to any statute of limitations; (e) ensure that, when victims are
awarded compensation in the context of criminal proceedings, this is in fact enforced,
notwithstanding the alleged indigence of the perpetrator; (f) within 90 days inform the
Committee about the measures taken and translate the decision of the Committee.
3.5
The complainant also calls on the Committee to urge the State party to amend the
existing flaws in its legislation and practice in order to ensure that civil claims for damage
concerning crimes under international law are not subjected to statutes of limitations,
irrespective of whether they are directed against individual perpetrators or the responsible
State or entity, and to apply subsidiary liability when individuals are unable to pay
compensation. In this regard, the establishment of a dedicated fund must be envisaged.
Similarly, A wishes to receive adequate and fair compensation for the damage suffered,
rehabilitation, and a public apology from the authorities of Bosnia and Herzegovina.
State party’s observations on admissibility and the merits
4.1
In its observations dated 7 January 2019, the State party referred to letters received
from eight State institutions and entities 24 providing information on the steps taken with
regard to the present case.
4.2
With regard to the complainant’s claim to ensure that she receives prompt, fair and
adequate compensation, the Court of Bosnia and Herzegovina states that it fulfilled its
obligations towards the complainant, namely granting the complainant’s property claim for
20
21
22
23
24
6
General comment No. 3, paras. 2, 6 and 9. See also Special Rapporteur on torture and other cruel,
inhuman or degrading treatment or punishment, “Study on the phenomena of torture, cruel, inhuman
or degrading treatment or punishment in the world, including an assessment of conditions of
detention” (A/HRC/13/39/Add.5), paras. 167–173.
General comment No. 3, para. 11.
Ibid., para. 16.
Ibid., para. 18.
Constitutional Court of Bosnia and Herzegovina, Court of Bosnia and Herzegovina, Witness Support
Unit of the Court of Bosnia and Herzegovina, Prosecutor’s Office of Bosnia and Herzegovina,
Ministry of Justice of Bosnia and Herzegovina, Ministry of Justice of the Republika Srpska, Ministry
of Justice of the Federation of Bosnia and Herzegovina, Ministry of Labour and Social Policy of the
Federation of Bosnia and Herzegovina.