CAT/C/BIH/CO/6
conducted on a regular basis, and recordings should be made available to victims of
torture or ill-treatment and their lawyers and accepted in court proceedings.
Impunity for acts of torture and ill-treatment
14.
The Committee is concerned about the reported lack of a unified procedure for
handling complaints by prisoners and at the absence of a fully independent body to receive
and act on complaints against the police. It particularly regrets that, in the Canton of
Sarajevo, the Police Complaints Unit is directly under the Police Director and is part of the
police force, and that perpetrators are often appointed as crime investigators of complaints
against themselves. The Committee is also concerned about reports that the authorities fail
to undertake investigations into allegations of ill-treatment, and at the extremely low
number of resolved cases — only two cases were formally resolved out of 269 complaints
filed between 2010 and 2013 in Republika Srpska. The Committee also regrets reports that
medical examinations requested by a complainant alleging ill-treatment are often conducted
in the presence of the alleged perpetrator (arts. 12–13).
15.
The Committee urges the State party to take all the necessary measures to
change the culture of impunity for torture and ill-treatment by ensuring that:
(a)
All complaints of torture and ill-treatment are promptly, impartially and
effectively investigated, and that those accused are prosecuted and, if found guilty,
sentenced to penalties commensurate with the gravity of their acts;
(b)
A fully independent body is established to receive and act on allegations
of torture and ill-treatment and that such body does not have any institutional or
hierarchical connection with alleged perpetrators;
(c)
Public officials under criminal or disciplinary investigation for allegedly
committing acts of torture or ill-treatment are immediately suspended from their
duties and remain so throughout the investigation, subject to the observance of the
principle of presumption of innocence;
(d)
Victims are protected against ill-treatment or intimidation that may
arise as a consequence of their complaints, duly informed of the progress and results
of their complaints, and able to exercise their right to judicial remedy and
participation in proceedings whenever they disagree with the prosecution’s inaction.
War crimes, including conflict-related crimes of sexual violence
16.
While noting the information provided by the delegation on the amendment to the
national War Crimes Strategy that a working group had been formed to decide on new
deadlines for processing war crime cases, the Committee is concerned that the number of
pending cases remains high and that numerous judgments rendered by the Constitutional
Court are yet to be implemented. The Committee is seriously concerned about information
that convicted perpetrators of war crimes of sexual violence routinely receive reduced
sentences without any individual assessment, and are allowed to pay fines in lieu of
imprisonment. While noting the progress made with regard to witness protection in
courtrooms, the Committee remains concerned that the 2014 Law on Witness Protection
Programme only applies to witnesses testifying before the Court of Bosnia and
Herzegovina (arts. 2, 12 and 16).
17.
The Committee urges the State party to expedite the prosecution and
processing of war crime cases and ensure that:
(a)
All persons suspected of complicity in and of perpetrating war crimes,
including rape and sexual violence, are effectively and promptly brought to justice;
(b)
Domestic legislation on war crimes is harmonized throughout the State
party and consistently applied in accordance with international legal standards;
(c)
Legislative measures are taken to preclude convicted perpetrators of war
crimes from being exempted from their sanctions, including routine reduction of
sentences and replacement of imprisonment by fines;
4