25.
Bosnia and Herzegovina
(1)
The Committee considered the initial report of Bosnia and Herzegovina (CAT/C/21/Add.6) at its 667th
and 670th meetings (CAT/C/SR.667 and 670), held on 8 and 9 November 2005, and adopted, at its 689th meeting, the
following conclusions and recommendations.
A. Introduction
(2)
While welcoming the initial report of Bosnia and Herzegovina and the information presented therein, the
Committee is concerned that the report is overdue by more than 10 years. The Committee expresses its appreciation for
the large and high-level delegation, with representatives from relevant ministries and different entities in the State party,
which facilitated a constructive oral exchange during the consideration of the report.
(3)
The Committee notes that following the State party’s independence in 1992, the State continued to experience
armed conflict which lasted until 1995. Furthermore, the complicated and fragmented legal structure of the State, which
grants substantial autonomy to the two entities established under the 1995 Dayton Peace Agreement (the Federation of
Bosnia and the Republika Srpska) and the Brcko District, has sometimes led to contradictions and difficulties in
implementing all laws and policies at all levels of authority. Nevertheless, the Committee wishes to remind the State
party that despite its complex structure, Bosnia and Herzegovina is a single State under international law and has the
obligation to implement the Convention in full, and that no exceptional circumstances justify the use of torture.
B. Positive aspects
(4)
The Committee notes that the State party has rectified the major international treaties protecting the human
rights of its citizens, including the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil
and Political Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the
Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the
Child, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their
Families, as well as the Convention on the Prevention and Punishment of the Crime of Genocide and the Convention
relating to the Status of Refugees, and the Rome Statute of the International Criminal Court.
(5)
The Committee further notes the accession to or ratification of regional instruments, among them the
Convention for the Protection of Human Rights and Fundamental Freedoms, the European Convention for the
Prevention of Torture and Inhuman or Degrading Treatment or Punishment, and the European Convention on the
Extradition and Transfer of Proceedings in Criminal Matters.
(6)
The Committee notes with satisfaction the ongoing efforts at the State level to reform its legislation in order to
ensure better protection of human rights, including the right not to be subjected to torture and other cruel, inhuman or
degrading treatment or punishment, in particular:
(a)
(b)
in March 2003;
The Criminal Code and the Criminal Procedure Code, which entered into force in March 2003;
The Law on Protection of Witnesses under Threat or Vulnerable Witnesses, which entered into force
(c)
The Law on Movement and Stay of Aliens and Asylum, which entered into force in October 2003;
(d)
The State Law on Missing Persons, which entered into force in November 2004.
(7)
The Committee further welcomes the establishment of the State Court of Bosnia and Herzegovina, the Special
War Crimes Chamber of the State Court and the Special War Crimes Department of the Prosecutor’s Office of Bosnia
and Herzegovina, which were inaugurated in March 2005 and paved the way for the transfer of cases from the
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