ingly. Communication with M.K. is hardly possible; signs of strong psychological distress and confusion are more than obvious. She has refused to take medication for the
past two years and her physical condition is rapidly deteriorating due to her refusal of
proper food intake.
The Mission’s staff assessed her appalling living conditions. For instance, they noted
that on a regular basis M.K barricades herself in her very messy cell wherein her basic
hygiene needs are not properly taken care of. While prison authorities, and recently
also the BiH Ombudsman Office, brought the case to the attention of the respective
Ministry of Justice, no concrete actions to improve her condition have been taken.
For over four years, competent authorities have not been able to protect M.K.’s basic human
rights. This situation is not only concerning for the well-being of this individual, but it is also
indicative of the inability of the prison system in BiH to provide adequate care for persons
suffering from mental illness due to lack of adequate institution for accommodation of such
persons.
2. Professionalism of prison staff
2.1. International and domestic norms and standards
“The cornerstone of a humane prison system will always be properly recruited and trained
prison staff who know how to adopt the appropriate attitude in their relations with prisoners
and see their work more as a vocation than as a mere job. Building positive relations with
prisoners should be recognized as a key feature of that vocation”.34 The CPT reached the conclusion that “real professionalism of prison staff requires that they should be able to deal with
prisoners in a decent and humane manner while paying attention to matters of security and
good order.”35 The UN Basic Principles for the Treatment of Prisoners and a Council of
Europe Recommendation further outline that there shall be no discrimination in the treatment
of prisoners.36
2.2. General Observations
The Mission has observed practices which do not amount to acts of physical torture or illtreatment but which are nevertheless inappropriate and harmful to the psychological wellbeing of prisoners. These practices are often even more damaging as prisoners lack awareness
on how to report on such practices.
34
Compare 34 CPT /inf/E(2002)1-Rev.2009. The CPT Standards “Substantive sanctions of the CPT’s General
reports; see as well CPT/Inf (2001) 16 European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) 11th General Report on the CPT's activities covering the period 1 January to 31 December 2000 Strasbourg, 3 September 2001, para 26.
35
See precedent.
36
Basic Principles for the Treatment of Prisoners adopted and proclaimed by General Assembly resolution
45/111 of 14 December 1990. Article 2, “there shall be no discrimination on the grounds of race, colour, sex,
language, religion, political or other opinion, national or social origin, property, birth or other status.” CoE No R
(97) 12 of the Committee of Ministers to member states on staff concerned with the implementation of sanctions
and measures, under ‘Ethical requirements in general’ I, para. 7. Staff concerned with the implementation of
sanctions and measures must respect the rights of their colleagues, whatever their race, ethnic or national origin,
colour, language, religion, age, gender, sexual inclination or physical or mental condition. They must not under
any circumstances take part in any form of harassment or discrimination, or even attempt to excuse such
behaviour.
11
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