A/66/44 War crimes of rape and other forms of sexual violence (9) The Committee expresses its serious concern that the definition of war crimes of sexual violence in the Criminal Code is not consistent with the definition in international standards and in jurisprudence of international courts and that, in particular, articles 172 and 173 of the Criminal Code may result in impunity for such crimes. In addition, the Committee remains concerned at the lack of accurate and updated data on the number of victims of war-time rape and other acts of sexual violence (arts. 1 and 4). The Committee recommends that the State party amend the Criminal Code to include a definition of sexual violence in accordance with international standards and jurisprudence related to the prosecution of war crimes of sexual violence and remove the condition of “force or threat of immediate attack” from the present definition. Also, the State party should include in its next report the statistical data on the unresolved cases related to war-time rape and other sexual violence. Fundamental legal safeguards (10) The Committee notes with concern that, in practice, persons deprived of their liberty are not always afforded all fundamental legal safeguards from the very outset of their detention (art. 2). The Committee recommends that the State party take all necessary legal and administrative safeguards to ensure that suspects are guaranteed the right to have access to a lawyer and an independent doctor, preferably of their own choice, to notify a relative, to be informed of their rights at the time of detention, and to be brought promptly before a judge in accordance with international standards irrespective of the nature of their alleged crime. Ombudsman (11) The Committee, while noting the recent unification of Ombudsman institutions into a single State office of the Human Rights Ombudsman with the broadened scope of functions, is concerned about reports of the alleged lack of independence and the effectiveness of the Ombudsman as well as the need for the allocation of adequate resources in order to fulfil the mandate of the office. The Committee regrets the lack of a clear explanation on the follow-up measures taken by the competent authorities in response to the Ombudsman’s recommendations on various places of detention (CAT/C/BIH/2-5, para. 227) (art. 2). The State party should increase its efforts to restructure and strengthen the Ombudsman by: (a) Adopting a more consultative and open process for the selection and appointment of the Ombudsman in order to guarantee the independence of the Ombudsman in line with the principles relating to the status of national institutions for the promotion and protection of human rights (Paris Principles, General Assembly resolution 48/134); (b) Providing adequate human, material and financial resources; (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) 12 Ensuring the implementation of the Ombudsman’s recommendations. GE.11-45568