The system of effective communication channels demonstrates a consistent and cohesive appearance of prison administration. It also allows prisoners, in exceptional and urgent cases, to
address the prison director directly. This had the real potential to assist in dissolving any extant tensions. The notion of prisoner councils (such as those established in Bijeljina and Banja
Luka), elaborated above, seems to achieve these purposes.
Section VI. Conclusions and recommendations
1. Closing remarks
As demonstrated in the report, drawing an all-encompassing picture regarding adherence to
human rights standards in prisons with respect to torture and ill-treatment is difficult. The
fragmentation of BiH’s prison system allows for considerable autonomy of each prison facility; thus, the respect for essential human rights standards may vary from prison to prison. The
management style and pro-activity of the respective prison administration dictates the environment and responses in each institution. As well, a comprehensive legislative framework is
a key element towards securing an overall well-functioning system. In the Republika Srpska,
a new Law on Execution of Criminal Sanctions came into force in February 201052, whereas
in the Federation, a Draft Law on Execution of Criminal Sanctions is pending adoption. It
should also be noted that in all monitored prisons, with the exception of the facility in Tuzla,
prison directors were changed during the first half of 2008. Almost all interviewed prisoners,
notably those claiming human rights abuses, agreed that the conditions in general, and particularly regarding cases of violence, improved with the introduction of new prison directors.
Nevertheless, the concerns identified in the present report are worthy of further consideration,
and the following recommendations are aimed at assisting the prison administrations, ministries of justice, BiH Ombudsmen, and other relevant organizations in ensuring that responses
and mechanisms are in place to adequately prevent and address occurrences of torture and illtreatment.
2. Recommendations
2.1. Towards prevention of ill-treatment
o Harmonise the laws on enforcement of criminal sanctions and by laws throughout the
BiH in order to provide adequate and fair treatment of prisoners.
2.1.1 Towards combating violence and ensuring appropriate treatment
To the prison administrations:
o Ensure effective and unbiased investigation into instances of torture and ill treatment.
More specifically:
o Automatically refer cases of violence to relevant authorities to enhance effective accountability mechanisms;
52
RS Official Gazette No. 12/10 of 19 February 2010.
19
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