A/66/44
Impunity
(12) The Committee notes the adoption of the Strategy for Dealing with War Crimes
Cases and some progress made in the prosecution of those responsible for acts of torture
committed during the 1992–1995 conflict, including war-time rape and other acts of sexual
violence. However, the Committee is gravely concerned that, taking into account the
number of such war-time crimes, the number of cases prosecuted so far by the Bosnia and
Herzegovina judiciary is extremely low and local courts still face serious obstacles in
prosecuting war crimes cases. In addition, the Committee expresses its serious concern that
a significant number of judgments made by the Constitutional Court are not implemented
even several years following their adoption and most of the non-implemented decisions by
the Constitutional Court are related to cases of human rights violations, mainly the cases of
missing persons (arts. 2, 9 and 12).
The Committee urges the State party to fight impunity by ensuring prompt and
effective investigation into all allegations of war-time crimes and prosecuting and
punishing the perpetrators with appropriate penalties commensurate with their grave
nature. In that regard, the State party is encouraged to provide mutual judicial
assistance in all matters of criminal proceedings and to continue to enhance
cooperation with the International Criminal Tribunal for the Former Yugoslavia.
Furthermore, it is necessary to fully implement the Constitutional Court’s judgments
without further delay, in particular with regard to cases on enforced disappearances,
and to prosecute failure to comply with such judgments.
Violence against women and children, including domestic violence
(13) The Committee, while noting legal and administrative measures undertaken by the
State party to combat gender-based violence, including the resolution on the fight against
violence against women in the family adopted by the Parliamentary Assembly, expresses its
concern about the persistence of violence against women and children, including domestic
violence. While appreciating the State party’s intention to amend the elements of crimes of
rape by abolishing the requirements of both penetration and active resistance by the victim,
it is concerned at insufficient information on the entity laws prohibiting and criminalizing
such violence and at the low numbers of investigations and prosecutions of cases of
domestic violence. The Committee is concerned at reports about the inadequate provision
of protection measures and rehabilitation programmes for victims (arts. 1, 2, 4, 11, 12 and
16).
The Committee recommends that the State party enhance its efforts to prevent,
prosecute and punish all forms of violence against women and children, including
domestic violence, and ensure effective and full implementation of the existing laws
and the national strategies adopted to that end, including the Strategy for Preventing
and Combating Domestic Violence and the National Strategy to Combat Violence
against Children. The State party should provide support for victims through the
establishment of additional shelters, the provision of free counselling services and such
other measures as may be necessary for the protection of victims. Furthermore, the
State party is encouraged to conduct broader awareness-raising campaigns and
training on domestic violence for law enforcement personnel, judges, lawyers and
social workers who are in direct contact with the victims as well as for the public at
large.
Refoulement
(14) Notwithstanding article 91 of the Law on Movement and Stay of Aliens and Asylum
with regard to the principle of prohibition of return (CAT/C/BIH/2-5, para. 76), the
Committee remains concerned at reports that the competent authorities of Bosnia and
Herzegovina have failed to properly assess the risk of refoulement faced by those who
GE.11-45568
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