provide adequate treatment to a psychiatrically unwell prisoner equates to inhuman and degrading treatment.30
1.4.2. General Observations
Outside the realm of explicit violence, other circumstances may contribute to conditions
amounting to inhuman and degrading treatment. Shortcomings within the BiH prison system
are particularly apparent when it comes to the treatment of prisoners suffering from mental
illness, both those residing in specialised psychiatric wards and those residing within the
mainstream prison system. Care and treatment programmes for mental disorders and substance abuse are almost non-existent.
Moreover, the Federation of BiH lacks any accommodation for female prisoners placed in forensic psychiatric wards31, and even the available spaces for male psychiatric prisoners in
Zenica Prison’s Psychiatric Annex require significant improvements in order to satisfy international standards. In 2008, the Committee on the Prevention of Torture (CPT) identified
conditions in the Psychiatric Annex of Zenica Prison as amounting to inhumane and degrading treatment.32 Improvements have been noted recently with the opening of a new building to
allow for better conditions, however, full compliance with international human rights standards are still lacking, as confirmed by the prison director. It is hoped that with the establishment of a cross entity Psychiatric Facility in Sokolac in the near future, the situation for such
individuals throughout BiH will improve.33
Case example of mental suffering: M.K.
M.K. is a female prisoner who is serving a multi-year sentence for a violent crime in
the Tuzla Prison. A team of psychiatric experts evaluated M.K.’s case and recommended referral to a forensic psychiatric ward. However, these observations have not
been taken into account by the respective court and M.K. was not sentenced for mandatory psychiatric treatment in a closed institution, but instead was sent to Tuzla
Prison to spend her sentence in a regular institution.
Due to her ongoing violent outbreaks and threats of suicide when she is in contact
with other prisoners, it is not surprising that attempts to socially integrate her within
the prison community have continuously failed. M.K. is serving her sentence in isolation in a cell outside the female ward.
Prison management and staff are concerned about the condition of M.K. which appears to be deteriorating over the years and they themselves do not have the medical
and psychological expertise to treat prisoners with severe mental disturbances accordprovide that prison authorities are responsible for the health of prisoners and shall provide psychiatric treatment
to prisoners in need (see paras. 39 and 47.2).
30
Keenan v United Kingdom (2001) 33 EHRR 913.
31
This refers to offenders who were found to be mentally ill and where the court has ordered mandatory
psychiatric treatment in a specialized health facility for offenders.
32
See Report to the Government of BiH on the visits to BiH carried out by the European Committee for the
Prevention of Torture and Inhuman and Degrading Treatment or Punishment from 11 to 15 May 2009, at p.30.
33
On 10 July 2008 the Government of the Republika Srpska passed the Decision on Establishment of Special
Forensic Psychiatry Hospital at Sokolac. In order to regulate inter-entity use of this facility, on 17 June 2009 the
Council of Ministers of Bosnia and Herzegovina considered and adopted the Agreement on Accommodation and
Compensation of Costs for Execution of Safeguards Pronounced in the Criminal Proceeding and Other
Procedure in which the Measure of Medical Treatment was pronounced. It is planned that the reconstruction of
the facility will be finalized by the end of 2010.
10
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