Bosnia and Herzegovina
Section 1. Respect for the Integrity of the Person, Including Freedom from:
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The law prohibits such practices. While there were no reports during the first nine months of the year that government officials employed such tactics, there were no concrete indications that security forces had ended the practice of severely mistreating detainees and prisoners reported in previous years.
In 2016 the Council of Europe’s Committee for the Prevention of Torture (CPT) released a report on its 2015 visit to detention facilities, prisons, and psychiatric establishments in the country. The report cited a considerable number of allegations of widespread police abuse of detainees in Sarajevo, Trebinje, Banja Luka, Turski Lukavac, and Bijeljina. The reported abuse of detainees included slaps, punches, truncheon blows, prolonged handcuffing in stress positions, mock executions, and the use of a hand-held electroshock device. The report stated that the CPT delegation gained the impression from multiple detainee interviews in Bijeljina and Sarajevo that mistreatment (kicks, punches, and slaps) was a routine occurrence and almost considered “normal” practice. In some instances, authorities allegedly abused detainees in order to extort confessions. The CPT found that prosecutors and judges routinely failed to take action regarding allegations of mistreatment.
The CPT also noted that it received several credible allegations of inmate physical mistreatment (slaps, kicks, and punches) by staff at Mostar Prison. In one case, an inmate alleged that, in response to his repeated banging on his cell door, prison officials handcuffed him behind his back with his wrists hyperextended, ankle-cuffed him with a walking chain, and placed him in an empty cell for two days without food or the opportunity to use sanitary facilities. The CPT reported that the findings observed by its delegation’s doctor were compatible with the inmate’s allegation.
In response to the CPT report, both the Federation and RS Ministries of Interior stated they had improved their complaints systems against unlawful actions of police officers and that they now maintain medical files of detainees in a systematic manner. Acting upon CPT recommendations, the Federation Prosecutor’s Office issued a note to all cantonal prosecutors to respect mandatory instructions on the prevention of abuse, torture, and inhumane treatment of detainees. In addition, the RS chief public prosecutor issued similar instructions to all district courts in the RS.
Prison and Detention Center Conditions
Physical and sanitary conditions in the country’s prisons and detention facilities varied depending on location but were generally considered substandard.
Physical Conditions: Conditions in Sarajevo Prison were poor due to dilapidated facilities and overcrowding, with as many as four prisoners living in eight square meters (86 square feet) of common living space. Following a 2016 inspection, the human rights ombudsman described Sarajevo Prison’s conditions as the worst in the country and counted 126 detainees in the facility, which has an optimal capacity of 88. Ombudsmen reported that neither prison management nor Federation authorities had addressed their claims to date.
Prison and detention facilities provided adequate basic medical care and routine arrangements for more complex medical interventions as needed. Ventilation and lighting, however, were lacking in many facilities, particularly Sarajevo Prison. There were no prison facilities suitable for prisoners with physical disabilities.
In its 2016 report, the CPT stated that material conditions in most police holding facilities visited by its delegation were unfit due to a lack of natural light, poor ventilation, deplorable hygienic conditions, and an absence of mattresses and bedding. The CPT found that remanded prisoners spent 22 hours or more per day confined to their cells and were offered no purposeful activities. The condition and number of holding facilities at most police agencies generally were well below EU standards.
To address CPT recommendations, the Sarajevo Canton Ministry of Interior renovated the premises of the Department for Detention of Persons Deprived of Their Liberty of Sarajevo. The renovations included new plastering, beds, mattresses and pillows; and improved lighting.
Administration: According to the 2016 CPT report, authorities throughout the country generally failed to investigate allegations of abuse and mistreatment of detainees and prisoners, particularly those reported to have occurred while in police custody. The human rights ombudsman reported that the most common types of violence among prisoners took the form of extortion, physical and psychological harassment, and intimidation on ethnic and religious grounds.
Due to the complicated system of police education in the country and the fact that court police and prison guards are not part of the 17 formally recognized BiH police agencies, their training was limited and insufficient. Prison guards only received one week of orientation training, and court police received three weeks of training at police academies.
Independent Monitoring: The government permitted independent human rights observers to visit and gave international community representatives widespread and unhindered access to detention facilities and prisoners. The International Committee of the Red Cross, the CPT, the BiH ombudsmen, and other nongovernmental organizations (NGOs) continued to have access to detention facilities under the jurisdiction of the ministries of justice at both the state and entity levels.