Bosnia and Herzegovina

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Background

Bosnia and Herzegovina is a state located in the western Balkan peninsula in Europe, which became independent from the Socialist Federal Republic of Yugoslavia in March 1992. Its current form was determined by the Dayton Accords of December 1995, which established a state made up of two autonomous entities: the Republika Srpska and the Federation of Bosnia and Herzegovina, as well as a condominium of the two other entities - Brčko District. The country is marred by ethnic divisions, which culminated in the Bosnian War of 1992-95 which saw fighting between Serbs, Bosniaks and Croat forcesi. The wars were marked by ethnic cleansing, with some actions of the Bosnian Serb forces categorised as genocide by both the International Criminal Tribunal for the former Yugoslaviaii, which was established to prosecute war crimes during the wider wars in the region, and the International Court of Justice. Bosnia and Herzegovina is a member of the Council of Europe, and therefore bound by the European Convention on Human Rights.

The Legal system

Bosnia and Herzegovina have a civil law system. However, the overall legal picture is fragmented, comprising four separate court systems: the court system of Bosnia and Herzegovina, the court system of the Federation of Bosnia and Herzegovina, the court system of Republika Srpska and the court system of the Brčko District. It has a binding national Constitution, the Constitution of Bosnia and Herzegovinavi.

Legal Aid

As a member of the Council of Europe, Bosnia and Herzegovina is bound to ensure access to legal aid under international law, and its domestic provision is regulated by the ‘Zakon o pružanju besplatne pravne pomoći’ (Law on the provision of free legal assistance), adopted in October 2016, which provides a minimum standard for legal aid.

State Sponsored legal aid: State sponsored legal aid is administered by the Office for providing free legal aid (Ured za pružanje besplatne pravne pomoći), for which the Ministry of Justice is responsible.
Free legal aid is recognized as a right to:

• General information about rights and obligations
• Assistance in filling out forms
• Legal advice
• Legal assistance in drafting all types of legal submissions
• Representation before administrative bodies and organizations
• Representation before the Court of Bosnia and Herzegovina
• Drawing up appeals
• Legal assistance to peaceful dispute resolution procedures (mediation)
• Compilation of submissions to be submitted to international bodies for the protection of human rights

The right to general information about rights and obligations and assistance in filling out the forms for exercising the right to free legal aid is available to all persons regardless of their eligibility or the conditions prescribed in Article 15 of the law1 (and listed below).

Free legal aid is provided for persons engaged in the following:

• Administrative procedures
• Administrative disputes
• Civil proceedings
• Enforcement procedures
• Criminal proceedings in accordance with the laws on criminal procedure
• Proceedings under extraordinary legal remedies, before the Constitutional Court of Bosnia and Herzegovina and the European Court of Human Rights, as well as in proceedings before other international bodies for the protection of human rights

In order to receive free legal aid, claimants must be:

• Citizens of Bosnia and Herzegovina, or natural persons resident in the territory
• A natural person on the territory of Bosnia and Herzegovina under international protection, particularly asylum seekers, refugees, persons under subsidiary or temporary protection, persons in the process of expulsion, stateless persons, or victims of human trafficking
• A person whose rights are protected under Hague Convention on the Civil Aspects of International Child Abduction, Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, Convention on Civil Procedure, or Convention on International Access to Justice

The right to free legal aid is granted to:

• A person receiving social assistance
• A child (in accordance with the Convention on the Rights of the Child)
• A person deprived of legal capacity, or a person with a mental disability
• A beneficiary of a pension that is below the average salary earned in Bosnia and Herzegovina
• A person who is unemployed and has no other regular income
• A victim of domestic or gender-based violence
• An asylum seeker, a person under subsidiary or temporary protection, a person in deportation proceedings, a stateless person or a victim of human trafficking.
• A person in a poor financial condition, when so determined by the competent authority for providing free legal aid

NGOs assisting with legal aid: Despite national provisions for legal aid, a number of NGOs exist to provide assistance. The leading NGO in this area is Vaša prava BiH Association, which has 9 offices and over 120 mobile teams throughout Bosnia and Herzegovina. They have a large number of resources, available in Bosnian, Serbian and English, as well as a list of other free legal aid providers.

Source of Defendants Rights

The Criminal Procedure Code of Bosnia and Herzegovinaxi (CPC BiH) is the source of the defendant's rights for the Court of Bosnia and Herzegovina. Criminal Procedure Codes also exist for each of the three entities in Bosnia and Herzegovina: the Republika Srpskaxii, Federation of Bosnia and Herzegovina, and the Brčko District. All Codes are largely uniform, but reference must be had to the Code relating to the relevant jurisdiction. As it is the only national document, the rights listed below will be taken from the Criminal Procedure Code of Bosnia and Herzegovina. International protection is granted by the European Convention on Human Rights.

Bosnia and Herzegovina is bound by various other international instruments as well, namely: The International Covenant on Civil and Political Rights (ICPCR); the Convention on the Rights of the Child; and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment.

Rights of the Accused

Right Against Unlawful Arrests, Searches and Seizures: Art.51 CPC BiH provides that searches of dwellings and premises, as well as personal property, may be conducted only when there are sufficient grounds for suspicion that persons or objects relevant to the criminal proceedings, or traces of an offence, might be found there.
Art.52 Provides similar requirements for the search of a person, namely that it is allowed where it is likely that the person has committed a criminal offence or that through a search some objects or traces relevant to the criminal proceedings may be found with them. These searches are to be conducted by a person of the same sex.
Under Art.69 CPC, a person from whom objects or documentation are seized has a right to appeal that seizure, and Art.74 any unlawfully seized or retained objects must be returned to the owner or possessor.

Right against Unlawful Detention: A right against unlawful detention is indirectly granted by Art.11 CPC BiH, whereby a person who has been deprived of freedom without cause is granted the right to non-material rehabilitation, compensation for damages, as well as other rights stipulated by law.

Right Not to be Tortured or Ill-Treated: Under Art. II(3)(b) of the Constitution of Bosnia and Herzegovina, all persons within the territory are granted the right not to be subjected to torture or to inhuman or degrading treatment to punishment.
Under Art.77 CPC BiH, the questioning of a suspect must be done with full respect to their personal integrity, with the explicit forbidding of the use of force, threat, fraud, narcotics or other means that may affect the freedom of decision-making and expression of will while giving a statement or confession. Decisions of a Court cannot be based on a statement obtained under those circumstances.
Torture and other cruel, inhuman or degrading treatment is criminalized by Art.190 of the Criminal Code of Bosnia and Herzegovina.

Right to be Informed of Charges: Under Art.5 CPC BiH, a person deprived of liberty must be immediately informed about the reasons for their apprehension and instructed on their rights.

Right to Presumption of Innocence: Under Art.3 CPC BiH, a person shall be considered innocent of a crime until guilt has been established by a final verdict. Defendants are also protected by the in dubio pro reo principle: a doubt with respect to the existence of facts composing characteristics of a criminal offense or the application of certain provisions of criminal legislation must be decided in a matter most favorable for the accused.

Right Against Self-Incrimination: Under Art.6 CPC BiH, A suspect or accused shall not be bound to present their defense or to answer questions posed to them.

Right to Counsel, Effective Assistance and to Present a Defense: Under Art.7 CPC BiH, a suspect or accused has a right to present their own defense or to defend themself with the professional aid of a defense attorney of their own choice. If they do not have their own defense attorney, one shall be appointed to them in the cases stipulated by the Code. The suspect or accused must also be given sufficient time to prepare a defense.
Under Art.39, if the suspect or accused does not themselves hire a defense attorney, one may be engaged for them by their legal representatives, spouse, directly related blood relatives, adoptive parents, adopted children, brothers, sisters or foster parents, if the suspect or accused does not explicitly oppose it.
Under Art.50, the defense attorney must take all necessary steps aimed at the establishment of facts and collection of evidence in favor of the suspect or accused, as well as the protection of their rights.

Right to Due Process: Art. II(3)(e) of the Constitution of Bosnia and Herzegovina enshrines the right to a fair hearing in civil and criminal matters, and other rights relating to criminal proceedings.
Under Art.14 CPC BiH the Court, the Prosecutor and other bodies participating in the proceedings are bound to objectively study and establish with equal attention facts that are exculpatory as well as inculpatory for the suspect or the accused, and all parties must be treated equally

Right to Equal Protection of the Laws: Under Art. II(4) of the Constitution of Bosnia and Herzegovina, the enjoyment of the rights and freedoms enshrined within the Constitution, must be secured to all persons without discrimination on any ground such as sex, race, color, language, religion, political or other opinion, national or social opinion, association with a national minority, property, birth or other status.

Right to Bail: Under Art.127 CPC BiH, a person is allowed bail where they have been placed in custody only for a flight risk posed on the furnishing of a surety by themself or a third party, and the accused themself pledges that they will not conceal themself and will not leave their residence without permission.

Right Against Ex Post Facto Prosecution: Under Art. 4 Criminal Code BiH, the law that was in effect at the time when the criminal offence was perpetrated shall apply to the perpetrator of the criminal offence, and if the law has since been amended, the most lenient should apply.

Right Against Double Jeopardy: Art.4 CPC BiH enshrines the principle of ne bis in idem: no person shall be tried again for the criminal offense he has been already tried for and for which the legally binding decision has been rendered.

Right to a Fair Trial:

• Generally: Art. II(3)(e) of the Constitution of Bosnia and Herzegovina enshrines the right to a fair hearing in civil and criminal matters, and other rights relating to criminal proceedings
• Right to a Trial by Jury: There is no trial by jury in Bosnia and Herzegovina or its constituent Entities.
• Right to a Speedy Trial: Art.13 CPC BiH enshrines the right to trial without delay, and a reduction of the duration of custody to the shortest possible time.
• Right to an Impartial Judge:Art.29 CPC BiH provides a list of reasons for disqualification of a judge concerning their impartiality, including a catch-all provision if circumstances exist that raise a reasonable suspicion as to their impartiality.
• Right to Language Interpretation: Art.8 CPC BiH enshrines a right to language interpretation for parties, witnesses and other participants in the proceedings, where the participant does not understand one of the official languages of Bosnia and Herzegovina. This interpretation is to be performed by a Court interpreter.

Capital Punishment: Capital punishment is unlawful in Bosnia and Herzegovina and its constituent Entities.

Right to Appeal: Art.292 CPP BiH grants a right to appeal.

Rights of Counsel

Right of Access to the Client: Under Art. 48 CPC BiH if the suspect or accused is in custody, they are immediately entitled to communicate with their defense attorney, orally or in writing. Art.144 allows a detainee free and unrestricted communications with their defense attorney.

Right to Information: Under Art. 47 CPC BiH, a defense attorney has the right to inspect files and items relating to the proceedings.

Right to Confidential Communication with the Client: Under Art.48 CPC BiH, although a conversation between a defense attorney and a suspect or accused in custody may be observed, their conversation must not be heard. Moreover, under Art.144 detainees have a generalized right to confidential communication with any person, outside of exceptional circumstances.

Means of Protecting and Enforcing Rights

Exclusionary Rule: Under Art.10 CPC BiH, the Court may not base its decision on evidence obtained through violation of human rights and freedoms prescribed by the Constitution and international treaties ratified by Bosnia and Herzegovina, nor on evidence obtained through essential violation of this Code. Individual exclusionary clauses also tend to be available for separate violations of the Criminal Procedural Code.

Contempt: Under Art.242 CPC BiH, a person may be held in contempt of Court, removed from proceedings, or fined for the disruption of order.

Civil Actions: Under Art.118 of the Law on Police Officials of Bosnia and Herzegovina, the State is responsible for damage inflicted upon legal and natural persons by acts of police officials committed in the performance or in relation to the performance of the tasks of police bodies. The State is entitled to request the police official, found to be responsible for the damage, to reimburse the amount paid to third persons, if resulting from gross negligence, intentional or unauthorized acts of the police official.

Pre-Trial Procedure

Police procedures

Complaint/information: Under Art.214 CPC BiH, citizens are entitled to report a criminal offense and must do so in circumstances where a failure to report would itself constitute a criminal offense. Under Art.216, the Prosecutor shall order an investigation if grounds for suspicion that a criminal offense has been committed exist.

Arrest, Search and Seizure Laws:

• Stops and Frisks:
  Under Art.52 CPC BiH, the search of a person is permitted if it is likely that the person has committed a criminal offense or that through a search some objects or traces relevant to the criminal proceedings may be found with the person. Any search for a person should be conducted by a person of the same sex.
• Arrests: Under Art.139 CPC BiH, the police may deprive a person of liberty if there are grounds for suspicion that they may have committed a criminal offense and must immediately (no later than 24 hours), bring that person before the Prosecutor. The police authority must notify the Prosecutor of the reasons for, and time of, the deprivation of liberty. The Prosecutor is obliged to question the apprehended person within 24 hours and decide within that time whether they will release the apprehended person or file the reasoned request for custody of the person in question to the judge of the preliminary proceedings, who must issue a decision on the request for custody order within 24 hours. If the proposal for custody is rejected by the judge, the person shall immediately be released. While the Prosecutor may appeal this, any appeal does not stay the release. The person taken into custody may similarly appeal the decision on custody, but this does not stay their detention. Following an appeal, a further decision must be issued within 48 hours of receipt by a panel of judges
• Pre-trial detention: Under Art.132 CPC BiH, a person may be held in pre-trial custody if: they hide or other circumstances suggest a possibility of flight; there is a justified fear they will destroy, conceal, alter or falsify evidence or clues important to the criminal proceedings or circumstances indicate they will hinder the inquiry by influencing witnesses, accessories or accomplices; particular circumstances justify a fear that they will repeat the criminal offense, complete the criminal offense, or commit a threatened criminal offense, where for such offenses a prison sentence of three years or more may be pronounced; in exceptional circumstances, related to criminal offenses for which a prison sentence of ten years or more severe punishment may be pronounced, which is of particular gravity taking into account the manner of the perpetration or consequence of the criminal offense if the release would result in an actual threat of the disturbance of public order. Further rights on custody are given in the Code, such as the right to outside communication, consular visitsliv, and accommodation in rooms of an appropriate size that satisfy required health conditionslv.
• Searches: Art. 51 CPC BiH provides that searches of dwellings and premises, as well as personal property, may be conducted only when there are sufficient grounds for suspicion that persons or objects relevant to the criminal proceedings, or traces of an offense, might be found there. Art.60lvii provides the procedure for the execution of a search warrant, including a necessity that the search be witnessed by two adult citizens.

Enforcing the Rules (Exclusionary Rule, Nullity, and other procedures to protect against illegal police procedures)

The same rules listed above apply against illegal police procedures.

Lineups and other identification procedures: Under Art.85 CPC BiH, if it is necessary to ascertain whether the witness knows the person, they will first be required to describe them or indicate distinctive signs, then show a lineup of persons. If it is not possible for the witness to make an identification on that basis, they can identify the individual by viewing a photograph of that person amongst photographs of persons unknown to the witness.

Interrogation: Under Art. 77 CPC BiH, the questioning of a suspect must be done with full respect to their personal integrity, with the explicit forbidding of the use of force, threat, fraud, narcotics or other means that may affect the freedom of decision-making and expression of will while giving a statement or confession. Decisions of a Court cannot be based on a statement obtained under those circumstances.
Under Art.78 CPC BiH, a suspect must at the beginning of questioning be informed of the charge against him, the grounds for the charge, and his rights.
Under Art.79, a record shall be made on all questioning of the suspect, with the important parts of the statement entered in the record word for word. Any questioning should be carried out, and information given, in the language of the suspect.

Enforcing the Rules (procedures to protect against illegal interrogation): The same rules listed above apply to illegal interrogation.

Court Procedures

Pre-Trial:

• Initial Court Appearance: The first Court appearance of the accused is, typically, at their trial.
  Charging Instrument: Art. 227 CPC BiH gives a list of requirements for an indictment, namely that it shall contain:
  • the name of the Court;
  • the first and the last name of the suspect and his personal information;
  • a description of the act pointing out the legal elements which make it a criminal offense, the time and place the criminal offense was committed, the object on which and the means with which the criminal offense was committed, and other circumstances necessary for the criminal offense to be defined as precisely as possible;
  • the legal name of the criminal offense accompanied by the relevant provisions of the Criminal Code;
  • proposal of evidence to be presented, including the list of the names of witnesses and experts or pseudonyms of protected witnesses, documents to be read, and objects serving as evidence;
  • the results of the investigation;
  • material evidence supporting the charges in the indictment.

  An indictment may also cover more than one criminal offense or more than one suspect.

• Preliminary Hearing: Under Art.233a CPC BiH, during the preparation for the main trial, the judge may hold a hearing with the parties to the proceedings and the defense attorney to consider issues relevant to the main trial.
  
• Discovery: Under Art.47 CPC BiH, the defendant or defense attorney has a right to inspect all files and evidence. The judge or Prosecutor is also bound to submit any new evidence to the defense.

Trial:

• Nature of the Trial: The trial follows an adversarial format, with both prosecution and defense given the opportunity to put forward and rebut defense, and to engage in examination of witnesses. The main trial is public, though the public may be excluded if deemed necessary.
  
• Defendant: Under Art.246 CPC BiH, the defendant must appear at the main trial, and under Art.247, trials in absentia are banned.
  
• Lawyers: Under Art.248 CPC BiH, the defense attorney is under an obligation to appear and may be fined if their absence is unjustified.
  
• Expert Witnesses: Under Art. 95 CPC BiH, expert evaluation should be ordered when the findings and opinions of a person possessing the necessary specialized knowledge are required to establish or evaluate some important facts. If scientific, technical or other specialized knowledge would assist the Court in understanding the evidence or determining facts, an expert as a special witness may testify by providing their findings on the facts, and an opinion that contains the evaluation of the facts. Under Art.98l, certain persons whose impartiality is in question may not be sought as expert witnesses.
  
• Judges: According to Art.241 CPC BiH, it is the duty of the judge or the presiding judge to ensure the maintenance of order in the courtroom and the dignity of the Court. Under Art.267, The judge is obligated to protect the witness from insults, threats and attacks. It is also the judge, or panel of judges, that pronounces the verdict.
  
• Victims: A victim in the trial is treated as a witness, having the same rules apply to the other witnesses.

Sentencing: Under Art.290 CPC BiH, the decision must include a reasoned opinion for each count within the verdict and shall specifically and completely state which facts and on what grounds the Court finds to be proven or unproven, furnishing an assessment of the credibility of contradictory evidence, the reasons why the Court did not sustain the various motions of the parties, the reasons why the Court decided not to directly examine the witness or expert whose testimony was read, and the reasons guiding the Court in ruling on legal matters and especially in ascertaining whether the criminal offence was committed and whether the accused was criminally responsible and in applying specific provisions of the Criminal Code to the accused and to his act.

Appeals: Under Art.292 CPC BiH, an appeal of the first instance verdict is possible within 15 days of the delivery of a copy of the verdict. This may be filed both by the defendant (or their close family), or the Prosecutor, but the Prosecutor must have the accused’s will, unless a long sentence of imprisonment is imposed on the accused. According to Art.311, appeals will be denied if they are filed late.

Various grounds of appeal are provided for by Art.296:
- an essential violation of the provisions of criminal procedure;
- a violation of the criminal code;
- the state of the facts being erroneously or incompletely established;
- the decision as to the sanctions, the forfeiture of property gain, costs of criminal proceedings, claims under property law and announcement of the verdict through the media.

The essential violations of the provisions of criminal procedure, listed by Art.297 are:
- if the Court was improperly composed in its membership or if a judge participated in pronouncing the verdict who did not participate in the main trial or who was disqualified from trying the case by a final decision;
- if a judge who should have been disqualified participated in the main trial;
- if the main trial was held in the absence of a person whose presence at the main trial was required by law, or if in the main trial the defendant, defense attorney or the injured party, in spite of his petition was denied the use of his own language at the main trial and the opportunity to follow the course of the main trial in his language;
- if the right to defense was violated;
- if the public was unlawfully excluded from the main trial;
- if the Court violated the rules of criminal procedure on the question of whether there existed an approval of the competent authority;
- if the Court reached a verdict and was not competent, or if the Court rejected the charges improperly due to a lack of competent jurisdiction;
- if, in its verdict, the Court did not entirely resolve the contents of the charge;
- if the verdict is based on evidence that may not be used as the basis of a verdict under the provisions of this Code;
- if the charge has been exceeded;
- if the wording of the verdict was incomprehensible, internally contradictory or contradicted the grounds of the verdict or if the verdict had no grounds at all or if it did not cite reasons concerning the decisive facts.
- if the Court has not applied or has improperly applied some provisions of the Code during the main trial or in rendering the verdict, and this affected or could have affected the rendering of a lawful and proper verdict.

Under Art.299, an appeal is also permitted in the case of incorrectly or incompletely established facts.

Art.307 enshrines a ban on Reformatio in Peius: if an appeal has been filed only in favor of the accused, the verdict may not be modified to the detriment of the accused; Art.309 enshrines the beneficium cohaesionis principle - benefits of appeal are to be applied to co-defendants even if they did not also file an appeal.
Under Art.317a, a defendant can also appeal against a verdict of the appellate division in certain cases, so long as filed within 3 days.

Rights in Prison

Prisoner Rights in Bosnia and Herzegovina are largely determined by the Law of Bosnia and Herzegovina on the Execution of Criminal Sanctions, Detention and Other Measures. However, reference must also be had to the individual Laws of the Entities of Bosnia and Herzegovina.

Under Art.52 of the Law of Bosnia and Herzegovina on the Execution of Criminal Sanctions, Detention and Other Measures, a requirement of humane treatment is enshrined. The treatment of detainees and prisoners must be humane and with respect for their human dignity, preserving their physical and mental health, taking into account the maintenance of necessary order and discipline. No one is to be subjected to torture, inhuman or degrading treatment or punishment, and the treatment of detainees and prisoners shall be without any prejudice on the basis of their ethnicity, race, color, gender, sexual orientation, language, religion or faith, political or other beliefs, national or social background, consanguinity, economic or any other status.

Right to Humane Conditions of Confinement: Articles 64-66 of that Law give basic standards for confinement, including among other things: rooms must have satisfactory health and hygiene requirements, sufficient air, light, heating and ventilation, and windows in rooms for accommodation of detainees and prisoners must be large enough to enable working and reading in daylight in normal conditions, and fresh air entry, unless air-conditioning is installed, and to match, by shape and size, standard windows.

Immigrant's Rights in Detention: Immigrants, as under Art.52 above, have a right to non-discrimination. There are, however, no special provisions of the law pertaining to immigrants in detention

Right to Medical Care in Prison: According to Art.19(1) of the Law, health services shall be organized in the establishment for the purpose of rendering medical assistance to detainees and prisoners. This right is elaborated by Articles 71-78 and is described as a right to medical assistance and treatment, essential dental care (such as repairing and extracting teeth) and hospital treatment. However, in practice access to healthcare is limited. According to the 2021 report by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), healthcare access was particularly inadequate in the Federation of Bosnia and Herzegovina, where ‘health-care staff still displayed a disregard for important principles of medical ethics, such as confidentiality of medical examinations’, and it found a ‘lack of a coherent policy on the detection, prevention and treatment of transmissible and infectious diseases’

Right to Mental Health Care: The right to medical care includes access to mental health care.

Rights of Special Populations:

• Women: Under Art.60 of the Law, special attention shall be paid to the needs of women, their physical, professional, social and psychological needs at the time of making decisions that concern any aspect of their stay at the establishment. Furthermore, management shall make an effort to ensure that the range of activities available to women deprived of liberty is in line with the role of women in modern society and that it is comparable to the range of activities available to men. Women are allowed, as a general rule, to give birth outside the prison, but in the event that they give birth internally, management shall provide all the necessary support and assistance, and the prison should not be recorded in the birth certificate as the place of birth. The 2021 CPT report found, however, instances where women faced particularly egregious treatment, especially at Sarajevo Prison, where, among other things, six female prisoners on remand only had irregular access to showers.
• LGBT Prisoners: There is no provision in the Law on the Execution of Criminal Sanctions, Detention and Other Measures, concerning LGBT prisoners. An educational conference on the specific issue was carried out in 2022 by the Council of Europe, with 25 participants of prison staff from different parts of Bosnia and Herzegovina, as well as the Ministries of Justice and Human Rights and refugees.
• Mentally Ill Prisoners: Art.77 of the Law provides for the use of restraint for health reasons, and Art.114 provides for the transfer of a detainee who in the course of detention becomes mentally ill, or has significant symptoms of mental disorder to a medical institution. The detainee shall remain in the medical institution until the grounds for the placement cease to exist and, at most, until the end of the period of detention except where another order has been made under relevant legislation. Psychiatric institutions have also been criticized within the 2021 CPT report, for, among other things, the routine installation of CCTV in rooms and clearly insufficient staffing levels in one psychiatric institution.
• Juveniles: Primary and secondary schooling is provided for by Art. 192 of the Law, which also allows for exceptional attendance of school outside the establishment to complete an educational programme already started. Art.193c enshrines opportunities for sport, and under Art. 194 there is to be no restriction on correspondence with parents or close relatives. Art. 195 allows for leave granted up to twice a year, up to 20 days each to visit parents or close relatives if the juvenile detainee behaves well and studies hard However, according to Art.196 a juvenile prisoner who has not reached 23 years of age may exceptionally be pronounced the disciplinary measure of solitary confinement for a period of up to five days. Juvenile prisoners attending school shall be able to regularly attend school during solitary confinement and to read technical books and do homework.
• Prisoners with disabilities: Under Art.66 of the Lawciv, disabled detainees and prisoners shall be provided accommodation appropriate to the kind and degree of their disability.

Resources

- https://www.britannica.com/place/Bosnia-and-Herzegovina/History#ref476262 History of Bosnia and Herzegovina, Britannica.

- https://www.icty.org/x/cases/krstic/acjug/en/krs-aj040419e.pdf#page=16 Prosecutor v Radislav Krstić, 2004.

- https://www.icj-cij.org/sites/default/files/case-related/91/091-19960711-JUD-01-00-EN.pdf.

- ​​Sejdić and Finci v. Bosnia and Herzegovina, 22.12.19, European Court of Human Rights (Grand Chamber).

- https://www.coe.int/en/web/cdcj/activities/free-legal-aid.

- viiihttp://www.sluzbenilist.ba/page/PdfDownload?BrojIzdanja=83&NivoIzdavanja_FK=1&GodinaIzdanja=2016, Zakon o pružanju besplatne pravne pomoći.

- https://pravnapomoc.app/en

- xihttps://track.unodc.org/uploads/documents/BRI-legal-resources/BiH/28_-._Criminal_Procedure_Code_of_Bosnia_and_Herzegovina.pdf Criminal Procedure Code of Bosnia and Herzegovina (unofficial consolidated text, by UNODC).

- https://track.unodc.org/uploads/documents/BRI-legal-resources/BiH/26_-._Criminal_Procedure_Code_of_the_Republika_Srpska.pdf Criminal Procedure Code of the Republika Srpska.

- https://track.unodc.org/uploads/documents/BRI-legal-resources/BiH/22_-_Criminal_Procedure_Code_of_the_Federation_of_BiH_-_Consolidated_text.pdf Criminal Procedure Code of the Federation of Bosnia and Herzegovina.

- https://track.unodc.org/uploads/documents/BRI-legal-resources/BiH/24_-_Criminal_Procedure_Code_of_the_Brko_District_of_BiH.pdf Criminal Procedure Code of the Brčko District.

- https://www.ohr.int/ohr-dept/legal/laws-of-bih/pdf/016%20-%20Police%20Legislation/Police%20Officials/BH%20LAW%20ON%20POLICE%20OFFICIALS.pdf Article 118 Law on Police Officials of Bosnia and Herzegovina.

- https://www.refworld.org/pdfid/5b349bf24.pdf?__cf_chl_tk=QMmqtMnd50diiPy2zSnTKzzn_0UsW_SBPQMQxYRe8J0-1705273403-0-gaNycGzNCjs Law of Bosnia and Herzegovina on the Execution of Criminal Sanctions, Detention and Other Measures.

- Law of Bosnia and Herzegovina on the Execution of Criminal Sanctions.

- https://www.coe.int/en/web/sarajevo/-/sensitised-treatment-of-lgbti-prisoners-in-correctional-institutions Sensitised treatment of LGBTI prisoners in correctional institutions, Council of Europe Office in Sarajevo.

- https://rm.coe.int/1680a3d12c Report to the Government of Bosnia and Herzegovina on the visit to Bosnia and Herzegovina carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT)