CEDAW/C/76/D/116/2017
Committee recalls that States parties must take appropriate measures to create
supportive environments that encourage women to claim their rights, report crimes
committed against them and actively participate in criminal justice proces ses. 28 The
Committee notes that the State party argues that the injured party cannot be allowed
to scrutinize the police record or copies of all documents or be consulted or informed
with regard to every measure taken in the course of the investigation or to the names
of potential suspects, as that could adversely affect possible suspects, their families
and relevant parties. The Committee also notes that the author states that many of her
letters, sent to the authorities between 2009 and 2017, went unanswe red or that
information provided was inaccurate, abstract or even contradictory. On the basis of
the information provided, the Committee considers that the author was not requesting
to see all the investigation documents or the names of possible perpetrato rs. Rather,
she was requesting regular information on progress in and the results of the
investigation carried out by the Prosecutor’s Office, whether a trial might be
forthcoming and, to the extent possible, the corresponding time frame. She might also
require any reasonable and concrete explanation regarding delays holding up the
investigation so that she might provide any possible contribution to accelerate the
process. The Committee observes that, in that context, the State party could have
provided the author with general information regarding progress made in the
investigation in a more accurate, timely and individualized manner, without revealing
confidential information. Therefore, the Committee concludes that the State party has
breached its obligations under articles 2 (b), (c), (e) and (f) and 3 of the Convention.
8.5 With regard to the author’s allegation that the delay in and lack of effectiveness
of the investigation of her case amounts to a violation of article 1, read in conjunction
with articles 2 (b)–(d) and (f) and 3, of the Convention, and that the failure to provide
her with compensation amounts to a violation of article 15 (1), read in conjunction
with article 2 (c) and (e), of the Convention, the Committee notes the State party’s
argument that it has made every possible effort, in spite of the heavy case load relating
to wartime violence, the complexity of the author’s case and the lapse of time since
the incident occurred. The Committee also notes, however, that her initial complaint
to the police in 1995 was not investigated or registered and that, more than 10 years
after the author filed her complaint in 2006, the case has not yet been examined by a
court. In that context, the Committee refers to paragraph 51 of its general
recommendation No. 33 (2015) on women’s access to justice (CEDAW/C/GC/33), in
which it recommends that States parties take steps to guarantee that women are not
subjected to undue delays in applications for protecti on orders and that all cases of
gender-based discrimination subject to criminal law, including cases involving
violence, are heard in a timely and impartial manner. The Committee also refers to
paragraph 19 of its general recommendation No. 33, in which it recommends that
States parties ensure that remedies are adequate, effective, promptly attributed,
holistic and proportional to the gravity of the harm suffered. Remedies should include,
as appropriate, restitution (reinstatement), compensation (whether pr ovided in the
form of money, goods or services) and rehabilitation (medical and psychological care
and other social services). Remedies for civil damages and criminal sanctions should
not be mutually exclusive. The Committee recalls its concluding observations on the
sixth periodic report of the State party (CEDAW/C/BIH/CO/6), in which it
recommended that the State party raise awareness among women, in particular those
in disadvantaged situations and victims of wartime sexual violence, about their rights
under the Convention and the remedies available to claim them (para. 14), noted with
concern the slow pace of prosecutions for war crimes, including sexual crimes
(para. 15), and urged the State party to accelerate the prosecution of crimes of sexual
violence committed during the conflict of the 1990s (para. 16).
__________________
28
20-11100
See general recommendation No. 33, paras. 11 and 51.
13/16
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