CAT/C/BIH/CO/2-5
(c)
Developing the Ombudsman’s capacity to monitor all places of
deprivation of liberty in Bosnia and Herzegovina, especially in the absence of
an independent prisons inspectorate;
(d)
Ensuring
recommendations.
the
implementation
of
the
Ombudsman’s
Impunity
12.
The Committee notes the adoption of the Strategy for Dealing with War Crimes
Cases and some progress made in the prosecution of those responsible for acts of torture
committed during the 1992-1995 conflict including war-time rape and other acts of sexual
violence. However, the Committee is gravely concerned that, taking into account the
number of such war-time crimes, the number of cases prosecuted so far by the Bosnia and
Herzegovina judiciary is extremely low and local courts still face serious obstacles in
prosecuting war crimes cases. In addition, the Committee expresses its serious concern that
a significant number of judgments made by the Constitutional Court are not implemented
even several years following their adoption and most of non-implemented decisions by the
Constitutional Court are related to cases of human rights violations, mainly the cases of
missing persons (arts. 2, 9 and 12).
The Committee urges the State party to fight impunity by ensuring prompt and
effective investigation into all allegations of war-time crimes and prosecuting
and punishing the perpetrators with appropriate penalties commensurate with
their grave nature. In that regard, the State party is encouraged to provide
mutual judicial assistance in all matters of criminal proceedings and to
continue to enhance cooperation with the International Criminal Tribunal for
the Former Yugoslavia. Furthermore, it is necessary to fully implement the
Constitutional Court’s judgments without further delay, in particular with
regard to cases on enforced disappearances, and to prosecute failure to comply
with such judgments.
Violence against women and children, including domestic violence
13.
The Committee, while noting legal and administrative measures undertaken by the
State party to combat gender-based violence, including the resolution on the fight against
violence against women in the family adopted by the Parliamentary Assembly, expresses its
concern about the persistence of violence against women and children, including domestic
violence. While appreciating the State party’s intention to amend the elements of crimes of
rape by abolishing the requirements of both penetration and active resistance by the victim,
it is concerned at insufficient information on the entity laws prohibiting and criminalizing
such violence and at the low numbers of investigations and prosecutions of cases of
domestic violence. The Committee is concerned at reports about the inadequate provision
of protection measures and rehabilitation programmes for victims (arts. 1, 2, 4, 11, 12 and
16).
The Committee recommends that the State party enhance its efforts to prevent,
prosecute and punish all forms of violence against women and children,
including domestic violence, and ensure effective and full implementation of the
existing laws and the national strategies adopted to that end, including the
Strategy for Preventing and Combating Domestic Violence and the National
Strategy to Combat Violence against Children. The State party should provide
support for victims through the establishment of additional shelters, the
provision of free counselling services and such other measures as may be
necessary for the protection of victims. Furthermore, the State party is
encouraged to conduct broader awareness-raising campaigns and training on
4