INSTITUTION OF THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA
an initiative in the Federation of Bosnia and Herzegovina to amend the Law on Prohibition of
Domestic Violence, which is still in the public debate.
According to the laws on protection against domestic violence, the police are authorized to receive
reports of domestic violence committed. The police and the guardianship authority play a key role
when domestic violence (violence against a woman) occurs. They are obliged, with the consent of
the victim, to temporarily take the victim of domestic violence to a safe house, appropriate
institution or other family. Upon reporting that domestic violence has occurred, the police are
obliged to immediately inform the guardian of the domestic violence case and provide official
notes.
Pursuant to the signed protocols with the police, social welfare centers and safe houses, the
competent prosecutor's offices conduct the procedure for the care of victims of domestic violence.
Criminal Procedure Laws deprive the police of a potential perpetrator of domestic violence
(violence against women).
For each reported case of domestic violence, the police are required to submit a request for a
protective measure to the competent court according to the place where the victim has his or her
registered place of residence or residence within 12 hours of finding out that the violence occurred.
Also, in exceptional cases, a request for a protective measure may be filed by the prosecution when
there are good reasons for doing so. In addition to the request for a protective measure, it is
necessary to submit the collected evidence as well as an excerpt from the official records if the
potential perpetrator of the violence was reported earlier for cases of domestic violence. After
receiving the request for a protective measure, the competent court is obliged to act on the request
within 12 hours and to issue a decision on the imposition of the protective measure on the violent
person. The competent court may also request that a violent person be brought to justice.
Cases registered with the Institution point to certain problems with the application of the
legislation, which include the victim's unwillingness to testify in the case against the
suspect/accused, but also the continuing perception that domestic violence is a private matter.
The Ombudsmen are of the opinion that continuous efforts should be made to educate persons
employed by the police, judiciary and social welfare centers how to act in cases of domestic
violence (especially for violence against women), or to be able to act and respond as adequately
as possible in cases of violence in the family.
Example: Ombudsmen initiated ex officio investigation 517 related to the actions of the competent
authorities to report domestic violence against the NT. Acting on the case on 16 October 2018,
representatives of the Ombudsman Institution of Bosnia and Herzegovina held a meeting at the
Public Institution Center for Social Work Novi Travnik, but also conducted an investigation in
which the statements of the Novi Travnik Police Station were received 518. On this occasion, it was
determined that the victim of domestic violence from the first-instance Expert Commission for
still in an emotional or intimate relationship, regardless of whether the perpetrator shares or shared a household with
the victim.
517
Ž-SA-01-1104/18
518
Act no. 02/7-4-1-04-2-2448/18 of 11 Mach 2019.
128
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