Report on the Performance of the Activities of the National Preventive Mechanism for 2019
criminal offences, despite the CPA stipulating that a report of a crime must be submitted to the
competent state's attorney, and if submitted to the police, it is to be forwarded to the SA immediately
upon receipt. In addition, the Protocol on the cooperation between the police and the State
Attorney's Office during preliminary and criminal proceedings (Protocol) stipulates that, if a relevant
police organisational unit has received report of a criminal offence that is prosecuted ex officio, or a
request to prosecute, it will immediately convey them to the relevant state's attorney, and if the
police have started conducting an investigation, after learning about the crime committed, it needs
to notify the state's attorney that same day or the day after. If this is not done, the state's attorney
cannot monitor how the investigation is carried out, or instruct the police to take the actions or
measures that they deem to be necessary.
Citizens' complaints also concerned the inefficiency of police investigations, that is, omissions to find
out the perpetrators of criminal offences in line with the measures defined by the CPA. A
complainant residing in Sarajevo twice requested from the commander of a border police station
(BPS) that his rights be protected, and on the third attempt, also addressed his complaint to the
Ombudswoman, as the police officers' behaviour led him to conclude that he will not be able to
realise his need for legal interests. Namely, in his complaints, he pointed out that during his absence
from his vacation house in RC, his things were deliberately damaged and looted. Acting on the
complaints, the police officers formally exercised some of their powers as defined by the Act on
Police Tasks and Authorities (APTA), without establishing whether there have been acts constituting
criminal or misdemeanour offences at first. However, the relevant CPA’s procedure to ascertain the
legality of police conduct and use of police authority has established that there have been mistakes,
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as the police officers in question made facile conclusions, without interviewing all the persons singled
out in the proceedings, while additional police actions resulted in identifying of the real perpetrators;
therefore, a special report was submitted to the state's attorney. In this respect, we used a
recommendation to highlight the importance of consistence in enforcing the CPA, which prescribes
the police force's rights and duties in finding and identifying perpetrators.
We also received a complaint from a journalist and commentator who was identified by police
officers at her workplace, with the explanation that they are doing so at the request of the
neighbouring PD, in relation to a request by a private individual's lawyer – actions she considered
constituted intimidation of her as a journalist pursuing her work. Having analysed the Director
General's report on the legal basis and causes for the action undertaken by the police, we established
that there was another legal means for the potential private plaintiff (personally or through a legal
representative) to gather data on the person he believed violated his rights. In addition, it was also
established that the police use different criteria and proceeds unevenly in comparable situations. In
this case specifically, they checked the journalist's identity so that her personal information could be
handed over to the private individual's representative before charges were filed, while in another
case, in which we also acted on a complaint, the police linked handing over of personal information
to the filing of charges in the relevant case and to the request issued by the court. In the case in
hand, in line with the CPA, the potential private plaintiff could have filed a private lawsuit before the
criminal court, which would preliminarily examine whether there was enough evidence to confirm
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