CAT/C/BIH/CO/6
(e)
Continue its efforts to provide specialized training to the judiciary and
law enforcement officials on handling trafficking cases and protecting victims.
Violence against lesbian, gay, bisexual, transgender and intersex persons
36.
The Committee is concerned at reports that lesbian, gay, bisexual, transgender and
intersex persons and advocates for those persons continue to be attacked, threatened and
intimidated and that none of the cases reported to the police and the prosecutor’s office
have been tried before the courts since 2015. The Committee regrets the lack of
systematically compiled data on hate crimes based on sexual orientation and gender identity
(arts. 2, 12–13 and 16).
37.
The Committee calls on the State party to publicly condemn threats and attacks
on lesbian, gay, bisexual, transgender and intersex persons and their advocates and to
effectively protect those persons against threats and attacks based on gender identity,
sexual orientation and activities. To that end, the State party should:
(a)
Promptly, thoroughly and impartially investigate all threats and attacks
targeting those persons, prosecute perpetrators and, if found guilty, punish them in
accordance with the gravity of their acts;
(b)
Provide training to law enforcement officials and the judiciary on hate
crimes, particularly on the basis of sexual orientation and gender identity, and
systematically monitor such crimes;
(c)
Compile statistical data, disaggregated by age, sex and ethnicity of
victims, on complaints, investigations, prosecutions and convictions in cases of hate
crimes against lesbian, gay, bisexual, transgender and intersex persons, raise
awareness to counter prejudice and stereotypes, and adopt relevant policies to combat
and prevent hate crimes.
Training
38.
While welcoming the State party’s introduction of professional training for prison
staff, the Committee regrets that training on the provisions of the Convention is not
provided on a regular and mandatory basis to all public officials involved in the treatment
of persons deprived of their liberty. The Committee is also concerned at the absence of
training on documenting and reporting injuries and other health consequences resulting
from torture and ill-treatment, based on the Manual on the Effective Investigation and
Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (the Istanbul Protocol) (art. 10).
39.
The State party should take steps to:
(a)
Ensure that training on the provisions of the Convention, the absolute
prohibition of torture and non-coercive interrogation methods are mandatory for all
law enforcement personnel and other public officials who come into contact with
persons deprived of their liberty, migrants and asylum seekers;
(b)
Ensure that the Istanbul Protocol is an essential part of the training of
all medical professionals and other public officials working with persons deprived of
their liberty;
(c)
Develop and implement specific methodologies to assess the effectiveness
and impact of the training on preventing torture and ill-treatment, particularly on the
Convention.
Follow-up procedure
40.
The Committee requests the State party to provide, by 6 December 2018,
information on follow-up to the Committee’s recommendations contained in
paragraphs 13, 19 and 21 (b) above. In that context, the State party is invited to
inform the Committee about its plans for implementing, within the coming reporting
period, some or all of the remaining recommendations in the concluding observations.
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