CAT/C/BIH/CO/1
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The State party should ensure that the rules for interrogations, instructions,
methods and practices concerning persons deprived of their liberty are
systematically reviewed. Recommendations emerging from the Offices of the
Ombudsman and others conducting regular monitoring should be implemented in
a timely manner.
19.
The Committee notes, based on the information provided by the State party, that a
framework or procedures allowing prisoners to file complaints is in place, but the Committee
remains concerned that the procedures differ from one prison to another and that the prisoners
are not aware of their right to complain as ensured by article 13 of the Convention.
The State party should:
(a)
Ensure, inter alia, that persons deprived of their liberty are aware of
their rights and have the opportunity to complain;
(b)
Establish an independent mechanism to investigate alleged torture or
ill-treatment; and
(c)
Allow for and provide regular and confidential access to persons
deprived of their liberty by competent individuals and bodies such as the judges of
competent courts, the Office of the Ombudsman and non-governmental
organizations.
20.
While noting the adoption of the Law on Missing Persons and the oral information
provided by the State party’s delegation, the Committee remains concerned about the lack of full
implementation of the law and in particular the creation of relevant institutions foreseen in the
law.
The State party should intensify its efforts to establish the Institute for Missing
Persons and the Fund for Support to the Families of Missing Persons, and the
Central Record of Missing Persons. The State party should also ensure that
available avenues for compensation are used in a non-discriminatory manner.
21.
While noting the efforts made by the State party to combat trafficking for sexual slavery,
the Committee is concerned that only a small number of cases have actually been investigated
and prosecuted and that mainly fines and light sentences have been imposed in the cases that
have been pursued. The Committee is also concerned about the alleged complicity of the police
and border authorities. In addition, the entity-level laws, i.e. the criminal codes and criminal
procedure codes, are not fully harmonized with the federal-level legal provisions.
The State party should:
(a)
Take the necessary measures to ensure that all law enforcement
officials fully and promptly investigate all alleged cases of trafficking in persons and
that offenders are prosecuted;