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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