The findings in this report further underline the importance of speedy implementation of Pillar
II of the Justice Sector Reform Strategy, and it is hoped that the problems identified herein
will be addressed by relevant authorities through the Strategy’s implementation and otherwise.
2. Methodology
This report summarises the findings of the Mission’s monitoring of penitentiary institutions in
Banja Luka, Foca, Mostar, Sarajevo, Tuzla, Zenica and Bijeljina from July 2009 to May 2010.
The focus on torture, ill-treatment and disciplinary proceedings stems from the Missions’ initial appraisal of all 14 penitentiary institutions in 2008, both closed type and semi-open ones.
The interviews conducted for this report, in each of the aforementioned facilities, were held
with at least 15 prisoners and with around five prison staff, including directors and guards.8 In
total, there were 147 interviews; 113 were with prisoners and 34 with prison staff. The interviews were carried out using questionnaires and a carefully defined methodology.9 Interviews
lasted for approximately one hour per person. In order to obtain the broadest possible picture
in regard to the situation of human rights in BiH prisons, interviews were held with, whenever
available, prisoners of all ethnic and domestic minority affiliations, prisoners who had experienced disciplinary sanctions, juveniles, female prisoners, prisoners sentenced for different
categories of crimes, drug addicts and others.
One of the major challenges of any prison monitoring programme is obtaining reliable and
credible information as a basis for objective conclusions. Overall, the interviewees and information obtained gave a differentiated and balanced picture, highlighting negative aspects
while still noticing positive developments. Mission staff also verified information by crosschecking it with different interviewees, while also looking for corroborating background information and details that support respective statements, whenever available.
Section II. Overview of the prison system in Bosnia and Herzegovina
The BiH prison system today is characterized by fragmentation, both in terms of organizational structure and controlling legislative framework. The execution of criminal sanctions is
distributed among three levels of government under the responsibility of the Ministry of Justice of BiH and the entity Ministries of Justice10.
There are fifteen prison establishments in Bosnia and Herzegovina11, which according to the
latest data made available for this report, accommodates 2,580 persons.12 The total of 2,580
and Herzegovina, development and implementation of a coherent system of education and training for prison
staff in Bosnia and Herzegovina, development of a legally defined and harmonized system of amnesty and
pardoning in accordance to international standards
8
Due to the limited allegations of human rights violations in Bijeljina prison, only 10 prisoners were interviewed.
9
A detailed questionnaire, interview methodologies and analysis guidelines are included in the Annex.
10
In the Brčko District of BiH there is no prison facility for execution of criminal sanctions. The pronounced
sanctions are executed in the entities’ prisons. The legal basis for this is a Memorandum of Understanding
between the Brčko District and the entities. Brčko District of BiH has a detention unit.
11
This figure includes Detention Unit of the Court of BiH, eight prisons in the Federation of BiH and six in the
Republika Srpska.
12
Council of Europe: Annual Prison Statistics, SPACE I-2009 courtesy of CoE Field Office Sarajevo. This
figure includes detainees.
3