Police Holding Facilities
In response to a request of the Director of the RS Police, the Mission carried out an
assessment of pre-trial detention facilities at police stations in ten locations throughout the
RS and provided recommendations for improvement of conditions to meet minimum
international standards.
BiH ratified the Optional Protocol to the Convention against Torture and other Cruel,
Inhuman or Degrading Treatment or Punishment (OPCAT) on 24 October 2008, which
provides specifically for the establishment of a National Preventive Mechanism (NPM) to
ensure that no torture takes place in any holding facilities, including detention centres and
prisons. In 2009, the Mission took the lead in mobilizing relevant BiH institutions to put this
mechanism into place by organizing a conference for competent domestic institutions with
experts from the UN SPT and APT. In 2010, as per the request for assistance addressed by
the BiH Ministry of Human Rights and Refugees (MHRR), the Mission engaged an expert to
make a needs assessment of the required human, technical and financial resources required
to establish an NPM in BiH, in line with OPCAT requirements. In 2011, the Mission organized
a follow-up meeting again engaging the SPT. In 2012, the Mission advised the MHRR to
adopt the “Ombudsmen plus” (NPM to be established as a part of the BiH Ombudsman
office) model as most cost effective, basing its advice on a 2010 needs assessment. This
proposal was accepted by the MHRR who created a working group to draft the necessary
legal framework for establishing an NPM in BiH. The Mission appointed a representative to
the working group to provide expert advice. In 2013, this working group met three times. One
meeting was financially supported by the Mission to include engagement of an SPT expert
again. The draft law was sent to necessary procedure involving competent governmental
committees and ministries in September 2013; however it failed to be supported. The key
reason for lack of support was that the envisaged legal framework foresees yet another piece
of State level legislation, which the RS has opposed. The other issue was budgeting for its
implementation. Therefore, the MHRR drafted amendments to the Law on BiH Ombudsman
to provide legal grounds for the creation of an NPM which were expected to be approved by
the BiH Council of Ministers in 2014. Furthermore amendments to the BiH Law on the
Execution of Criminal Sanctions were prepared to enable the NPM, once established, to
conduct visits to holding facilities at the State level. The MHRR has taken full lead in the
process and the Mission remained available to assist upon request.
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