International Criminal Tribunal for the Former Yugoslavia to the domestic courts. The Committee also welcomes the
establishment of the Srebrenica Commission to investigate the events leading to the Srebrenica massacre, to inform
families of the fate of their missing relatives, and to make the results of the investigations public through the publication
of the report.
(8)
The Committee takes note with interest of the statement by the State party’s representative that although there
was no integral structure in place for the protection of victims of torture and sexual violence during the period of
conflict, i.e. 1992-1995, a systematic way of extending such protection, such as an umbrella law at the State level, would
be initiated in 2006.
C. Principal subjects of concern and recommendations
(9)
The Committee is concerned at the lack of congruity between the definitions of torture in the State and entity
laws and that the definitions, particularly in the laws of the Republika Srpska and Brcko District, do not accord fully
with the definition contained in article 1 of the Convention.
The State party should incorporate the crime of torture, as defined in the Convention, into the domestic
law throughout the State and ensure that the legal definitions in the Republika Srpska and Brcko
District are harmonized with the Criminal Code and the Criminal Procedure Code of Bosnia and
Herzegovina through any necessary legal amendments.
(10)
In connection with the well-documented torture and ill-treatment that occurred during the 1992-1995 conflict in
the former Yugoslavia, the Committee is concerned about:
(a)
The reported failure by the State party to carry out prompt and impartial investigations, to prosecute
the perpetrators and to provide fair and adequate compensation to victims;
(b)
Alleged discriminatory treatment in criminal proceedings whereby officials belonging to the ethnic
majority often fail to prosecute alleged criminals belonging to the same ethnic group;
(c)
Reported harassment, intimidation and threats faced by witnesses and victims testifying in proceedings
and the lack of adequate protection by the State party;
(d)
The failure to recognize survivors of torture, including sexual violence, as victims of the conflict, a
status which would enable them to obtain redress and exercise their right to fair and adequate compensation and
rehabilitation; and
(e)
The failure to cooperate adequately with the International Criminal Tribunal on the
Former Yugoslavia, in particular on the part of the Republika Srpska, by failing to arrest and transfer indicted persons,
including Radovan Karadzic and Ratko Mladic, accused of genocide, torture and other international crimes.
The State party should:
(a)
Take effective measures to ensure prompt and impartial investigations into all
allegations of torture and other cruel, inhuman or degrading treatment, the prosecution and punishment
of the perpetrators, irrespective of their ethnic origin, and the provision of fair and adequate
compensation for victims;
(b)
Extend full cooperation to the International Criminal Tribunal for the
Former Yugoslavia, inter alia by ensuring that all indicted persons are apprehended, arrested and
transferred to the custody of the Tribunal, as well as granting the Tribunal full access to requested
documents and potential witnesses;
13
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