CAT/C/BIH/CO/6
(a)
Increasing the use of alternative measures to conviction and
imprisonment for juveniles, and ensuring that imprisonment is used only as a measure
of last resort for the shortest appropriate period of time, in accordance with the
United Nations Rules for the Protection of Juveniles Deprived of their Liberty (the
Havana Rules);
(b)
Providing
designed for juveniles;
educational
and
rehabilitative
programmes
especially
(c)
Ensuring that juveniles are detained separately from adults in all places
of detention.
Violence against women and domestic violence
32.
While noting the improvement in the State party’s legal framework on domestic
violence, the Committee is concerned at reports that violence against women remains
widely prevalent and underreported. The Committee is also concerned at reports of
inadequate protection measures and insufficient assistance for victims. The Committee
regrets the lack of data, disaggregated by age and ethnicity of victims, on cases of violence
against women (arts. 2, 12–14 and 16).
33.
The State party should enhance its efforts to combat violence against women
and domestic violence, inter alia, by ensuring that:
(a)
All incidents of violence against women are registered and promptly,
effectively and impartially investigated and that those accused are prosecuted and, if
found guilty, are punished in accordance with the gravity of their acts;
(b)
Victims of domestic violence benefit from urgent and effective protection
measures and have prompt access to sufficient and adequately funded shelters,
medical and legal aid, psychosocial counselling and social support schemes;
(c)
Relevant authorities compile data, disaggregated by age and ethnicity,
on all forms of violence against women in order to facilitate risk assessments, improve
protection and evaluate the situation and the impact of the measures taken.
Trafficking in persons
34.
While noting the introduction of the separate criminal offence of human trafficking
into the criminal codes of all the entities during the reporting period, the Committee
remains concerned that the State party convicted only two perpetrators in 2016 and none in
2014 and 2015. The Committee is also concerned at reports that it is only after the law
enforcement department initiates an investigation and the prosecutor provides an official
victim status, that victims can access assistance and support. The Committee is further
concerned at reports that referral mechanisms for victims are ineffective and that judges and
law enforcement officials handling trafficking cases need more training (arts. 2, 12–14 and
16).
35.
The State party should:
(a)
Vigorously enforce anti-trafficking legislation to combat human
trafficking by promptly, thoroughly and impartially investigating all allegations of
trafficking, prosecuting those accused and, if found guilty, punishing them with
penalties commensurate to the gravity of their acts;
(b)
Ensure that victims’ access to all forms of redress, including
compensation, shelters and counselling services, is not dependent on the conclusion of
criminal proceedings; and allocate sufficient funding for assistance and rehabilitation
services for victims of trafficking;
(c)
Improve victim referral mechanisms between service providers and
relevant authorities;
(d)
Effectively implement the 2016–2019 National Anti-Trafficking Action
Plan and conduct an impact assessment of the previous anti-trafficking action plan;
8