CEDAW/C/76/D/116/2017
4.8 The State party also notes that it has amended its criminal legislation and the
law on witness protection. Amendments introduced into the Criminal Code in 2016
include a definition of hate crime and the criminalization of sexual violence, in line
with international standards. The law provides for appropriate prison terms for such
criminal offences as rape committed as a hate crime or war crime. The law applies to
all war crimes cases in Bosnia and Herzegovina, regardless of the jurisdiction in
which the proceedings are conducted (see also CEDAW/C/BIH/6, para. 32). Under
legal aid legislation, victims are entitled to legal aid free of charge. Judges and
prosecutors receive systematic and compulsory training on protection me asures and
support for victims of and witnesses to sexual violence under domestic and
international laws on gender equality.
4.9 Noting that, under international law, it is necessary to establish a causal
relationship between an event and the harm caused, the State party contends that the
author has failed to prove that the health condition that she developed in 2006 was a
direct consequence of the event in question.
Author’s comments on the State party’s observations on admissibility and
the merits
5.1 On 19 March 2018, the author submitted comments on the State party’s
observations on the admissibility and merits of the communication.
5.2 Regarding the State party’s claim that the complaint should be declared
inadmissible as an actio popularis, the author contends that she does not challenge
laws or practices in the abstract but, rather, asserts that a certain law or practices
affected her directly and personally. The complaint should, therefore, be declared
admissible. 17 The author states that, although she explains the legal framework and
corresponding practice of the State party as general background information, such a
description of the applicable legislation and a summary of the existing loopholes
identified by international bodies cannot be seen in any way as an actio popularis.
The author reiterates that the State party failed to recognize and register her as a
civilian victim of armed conflict and deprived her of access to any form of social
support or benefits owing to flawed and discriminatory legislation. Thus, the author
alleges that the application of the legislation affected her directly and personally and
that the direct and personal prejudice she suffered is the core of her complaint.
5.3 On the merits of the communication, the author rebuts the claims of the State
party in three main respects: (a) access to information concerning progress made in
the investigation into her complaint; (b) the delay in and lack of effectiveness of the
investigation, which led to the author not receiving compensation; (c) the failure to
recognize the author as a civilian victim of armed conflict and to ensure that she
receives social support and benefits.
5.4 With regard to (a), the author alleges that, between 2009 and 2017, she wrote at
least 18 letters to different authorities in the country, explicitly seeking information
on the status of the investigation of her case. Most of those letters rem ained
unanswered. In the few instances where she received a reply, the information provided
was inadequate or even contradictory and inaccurate. As for the author’s letter to the
Prosecutor’s Office of Bosnia and Herzegovina, in which the State party alleg es that
the author conveyed her satisfaction with the investigation, the author argues that she
expressed only generic and complimentary satisfaction that the investigation was
continuing, which should not be interpreted as meaning that she was satisfied w ith
the effectiveness of the investigation and communication with the authorities. In that
letter, she also requested a time frame for the investigation and to be involved in the
__________________
17
20-11100
See Dayras et al. v. France (CEDAW/C/44/D/13/2007).
7/16