CAT/C/BIH/CO/2-5
Return of refugees and internally displaced persons
16.
In addition to the problems recognized by the State party, inter alia the security
concerns for the minority returnees and the lack of investigation and prosecution of crimes
and acts of violence against refugees and internally displaced persons (CAT/C/BIH/2-5,
para. 142), the Committee expresses its concern at persistent reports claiming that existing
programmes of property restitution have failed to take into account gender and the
psychological needs of the victims of sexual violence. The Committee is also concerned at
their lack of economic opportunities and the poor living conditions (arts. 3, 7 and 12).
The Committee recommends that the State party intensify its efforts to
facilitate returns of refugees and displaced persons, including by constructing
housing and the accompanying infrastructure and addressing the specific
situation of those who would otherwise have difficulties in benefiting from the
reconstruction assistance. The State party should take all necessary measures
to effectively tackle the identified obstacles and ensure that all crimes and acts
of violence against refugees and internally displaced persons are properly and
promptly investigated and prosecuted. In addition, it is necessary to fully
implement the recommendations made by the Representative of the SecretaryGeneral on the human rights of internally displaced persons in the report on
his mission to Bosnia and Herzegovina (E/CN.4/2006/71/Add.4).
Witness protection and support
17.
The Committee, while noting some improvement in witness protection in criminal
proceedings, remains gravely concerned at the lack of adequate measures of witness
protection and witness support before, during and after trials, which has a negative impact
on the willingness and ability of witnesses to participate in investigations or to testify in
proceedings. The Committee also expresses concern at the reported cases of intimidation
against witnesses and of attempts at bribery by perpetrators, and at the insufficient support
for witnesses by the competent authorities, such as the State Investigation and Protection
Agency (arts. 2, 11, 12, 13 and 15).
The Committee urges the State party to ensure that victims are effectively
protected, that they are not further distressed or pressurized to withdraw their
testimony and that they are not threatened by alleged perpetrators, in
particular by:
(a)
Strengthening the capacity of the competent organs, in particular
the State Investigation and Protection Agency and its Department for Witness
Protection (OZS), and ensuring that they respect the right to privacy of the
survivors and provide witnesses at serious risk with long-term or permanent
protection measures, including changing their identity or relocating them
within or outside of Bosnia and Herzegovina;
(b)
Giving more attention to the psychological needs of witness in
order to minimize possible re-traumatization of survivors in court proceedings;
(c)
Ensuring that witnesses have appropriate means to travel to and
from the court and providing escorts for their travel, as necessary.
Redress, including compensation and rehabilitation
18.
The Committee notes that the State party has strengthened its efforts to guarantee the
victims’ rights to redress, including the development of the Strategy for Transitional
Justice. However, the Committee expresses concern over the slow process of the adoption
of the draft law on the rights of victims of torture, the absence of an adequate definition of
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