Annexes A. Methodology OSCE Mission to BiH prison visits on torture, ill-treatment and disciplinary proceedings were conducted from July 2009 to May 2010 in the prison facilities of Banja Luka, Foca, Mostar, Sarajevo, Tuzla and Zenica. Interviews were largely focused on the current human rights situation, ranging from 2008 until May 2010. The methodology focused on obtaining first hand information from prisoners and staff regarding the current state of affairs with respect to allegations of torture and ill treatment, comparing this to the legislative framework and other background information, and thereby undertaking an in-depth analysis of possible human rights violations. In the visits, a team of two OSCE Mission staff members, representing both sexes, conducted interviews with both prison staff and prisoners. 53 Visits confirmed that, in the context of prison monitoring, the use of international staff members seemed to be more effective as prisoners sometimes appeared to put more trust in foreign interlocutors. In implementing the monitoring programme, it became apparent that domestic staff members should conduct prison visits outside of their area of responsibility and domicile; on the one hand, this increased the trust of prisoners knowing that the interviewer originates from a different region and therefore is unlikely to have any connection to local actors. On the other hand, such a course of action also reduces security concerns for staff members as they do not return to a social environment that might be closely linked to the interviewee. In order to obtain the confidence of both prison personnel and prisoners, in each interview the OSCE Mission staff members explained the purpose of the interview, the role that the OSCE Mission plays, what it can and especially can not do in terms of assistance and advocacy, and most importantly, the absolute confidentiality regarding all provided information. Information provided by prisoners has been utilized in a general manner to ensure that individual prisoners can not be identified (unless explicit consent was given and no concerns arise in relation to the prisoner’s security and well-being.) After having obtained the official support of the respective Ministries of Justice, which granted full access to prisoners, the first prison visits took place in July and August of 2009. During these visits, prison directors were introduced to the prison monitoring programme and its methodology. Once all interviews were concluded, the Mission provided immediate feedback to prison directors. Following its methodology, the OSCE Mission explained in detail to every prison director that it is of utmost importance not to have prisoners approached and questioned about the interview by prison staff after interviews take place. Therefore, interviews with prison directors were conducted to additionally inform them about the content of the interviews to be held with prisoners, in order to warrant as much transparency as possible. While prison directors assured full co-operation, in that they strictly instructed their personnel in this regard, it can not be excluded that, in some cases, intimidation towards prisoners might have taken place; with or against the will of the respective management. This is corroborated by instances where prisoners explained that they were not willing to talk with the OSCE Mission, out of a fear of reprisals. While such behaviour can be grounded in real, and also assumed, threats in 53 When required, an interpreter accompanied an international staff member. 22

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