A/66/44
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 Secretary-General 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 pressured 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
the status and rights of civil victims of war in domestic legislation and the insufficient
medical or psychosocial support and legal protection available to victims, especially
victims of war-time sexual violence (art. 14).
The Committee recommends that the State party adopt the draft law on the rights of
victims of torture and civil victims of war and the strategy for transitional justice
without delay in order to fully protect the rights of victims, including the provision of
compensation and as full a rehabilitation as possible, with the aim of obtaining
physical and psychological recovery and their social reintegration. To that end, the
State party is strongly encouraged to reduce the politicization of these efforts, to
finalize a plan of action with clearly identified activities and corresponding
responsibilities among State and entity authorities and to ensure the allocation of
adequate financial resources.
GE.11-45568
15
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