prijava
STRASBOURG, May 11 (FENA) - Ill-treatment of detained persons remains a serious problem which requires action by the BiH authorities, said the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) of the Council of Europe on BiH, noting a lack of effective reaction to its previous recommendations.
During the visit, the CPT delegation examined the treatment of persons deprived of their liberty by various police agencies, in particular in the Federation of Bosnia and Herzegovina (FBiH), and the effectiveness of prosecutorial investigations into allegations of ill-treatment by the police. The delegation also examined the treatment of pre-trial detainees in four prison establishments under the FBiH and State Ministries of Justice.
As was the case during its previous visit in 2019, the CPT once again received numerous allegations of physical ill-treatment of detained persons by police officers, notably from the Sarajevo Cantonal Police.
"These consisted mainly of slaps, punches, kicks and blows with batons and the butts of service weapons inflicted by police officers on criminal suspects, either at the time of their arrest or during interrogation," it is said in the report describes several specific individual cases, supported by medical evidence.
The CPT considers that the serious problem requires a strong action by the BiH authorities, including a formal statement at the highest political level expressing a policy of zero tolerance towards police misconduct, targeted training activities on the professional interviewing of criminal suspects, and the introduction of audio-video electronic recording of all police interviews.
A detailed assessment of prosecutorial and administrative investigations into allegations of ill-treatment revealed that, in numerous instances, such investigations cannot be considered effective, particularly in view of their lack of timeliness and thoroughness.
In particular, the CPT noted a lack of proactive action by prosecutors in the use of special investigative measures and a formalistic approach in their communication and co-operation with the police.
The Committee recommends that the High Judicial and Prosecutorial Council adopt a binding instruction on the methodology of investigations into cases of alleged ill-treatment by the police. As regards legal safeguards against ill-treatment, measures must be taken to guarantee the right of access to a lawyer from the outset of detention and to ensure that medical examinations of detained persons in hospitals are always conducted out of the hearing of police officers.
The CPT once again recommends that steps be taken to ensure that all police cells comply with minimum requirements in terms of size, state of repair, cleanliness and lighting. In addition, persons detained in police custody should be offered at least one hot meal per day.
The Committee remains critical of the fact that, with the exception of the State Prison, in the other prisons visited (Mostar, Sarajevo and Zenica Prisons), pre-trial detainees continued to be locked in their cells for more than 22 hours a day for months on end without any purposeful activity on offer.
"Further, a gender-specific approach should be introduced for women on remand detention to compensate for the long periods of de facto solitary confinement to which they are subjected," it is said in the report, and it is also stated that little progress has been made in the provision of healthcare to pre-trial detainees.
In the Committee’s view the FBiH Ministries of Justice and Health need to work together to ensure that every detainee newly admitted to prison undergoes a prompt and thorough medical examination, including screening for transmissible diseases.
In their response, the authorities of Bosnia and Herzegovina provide information on the measures taken in response to the CPT’s recommendations.
The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) visits places of detention in the States parties to the European Convention for the Prevention of Torture in order to assess how persons deprived of their liberty are treated with a view to strengthening, if necessary, the protection of such persons from torture and from inhuman or degrading treatment or punishment.
These places include prisons, juvenile detention centres, police stations, holding centres for immigration detainees, psychiatric hospitals and social care homes. After each visit, the CPT transmits a report containing its findings and recommendations to the government concerned.
(FENA) A. B.
