Police Holding Facilities In response to a request of the Director of the RS Police, the Mission carried out an assessment of pre-trial detention facilities at police stations in ten locations throughout the RS and provided recommendations for improvement of conditions to meet minimum international standards. BiH ratified the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) on 24 October 2008, which provides specifically for the establishment of a National Preventive Mechanism (NPM) to ensure that no torture takes place in any holding facilities, including detention centres and prisons. In 2009, the Mission took the lead in mobilizing relevant BiH institutions to put this mechanism into place by organizing a conference for competent domestic institutions with experts from the UN SPT and APT. In 2010, as per the request for assistance addressed by the BiH Ministry of Human Rights and Refugees (MHRR), the Mission engaged an expert to make a needs assessment of the required human, technical and financial resources required to establish an NPM in BiH, in line with OPCAT requirements. In 2011, the Mission organized a follow-up meeting again engaging the SPT. In 2012, the Mission advised the MHRR to adopt the “Ombudsmen plus” (NPM to be established as a part of the BiH Ombudsman office) model as most cost effective, basing its advice on a 2010 needs assessment. This proposal was accepted by the MHRR who created a working group to draft the necessary legal framework for establishing an NPM in BiH. The Mission appointed a representative to the working group to provide expert advice. In 2013, this working group met three times. One meeting was financially supported by the Mission to include engagement of an SPT expert again. The draft law was sent to necessary procedure involving competent governmental committees and ministries in September 2013; however it failed to be supported. The key reason for lack of support was that the envisaged legal framework foresees yet another piece of State level legislation, which the RS has opposed. The other issue was budgeting for its implementation. Therefore, the MHRR drafted amendments to the Law on BiH Ombudsman to provide legal grounds for the creation of an NPM which were expected to be approved by the BiH Council of Ministers in 2014. Furthermore amendments to the BiH Law on the Execution of Criminal Sanctions were prepared to enable the NPM, once established, to conduct visits to holding facilities at the State level. The MHRR has taken full lead in the process and the Mission remained available to assist upon request. ****** 53

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents