Bosnia and Herzegovina: Rights group calls for end of torture and ill-treatment

Press Release by Amnesty International 6 February, 2008

(Washington, DC)--A persistent culture of impunity among law enforcement and prison officials, as well as prosecutors, is fueling torture and other ill-treatment in places of detention in Bosnia and Herzegovina, said Amnesty International in a new report launched today.

"By failing to stop torture, Bosnia-Herzegovina authorities are indirectly giving the green light to the country's police and prison officials that such conduct is acceptable," said Larry Cox, Amnesty International USA executive director. "Since many victims do not report such abuses because of possible reprisals by law enforcement officials, the cruelty and mistreatment continue without any consequences."

The report, Bosnia-Herzegovina: "Better keep quiet": ill-treatment by the police and in prisons, urges the government to send a clear message, at all levels, that torture and other ill-treatment in prisons and by police officers will not be tolerated and will be punished.

The cycle of ill-treatment may begin at the time of arrest, and then continue in the police station and after sentencing, in prison. As a man arrested in Prijedor in Republika Srpskania said: "I was arrested. They brought me to the police station... They began with slaps and then they started beating me."

The lack of effective systems addressing cases of police misconduct is one of the main obstacles in fighting ill-treatment. According to existing provisions, prosecutors should initiate a criminal investigation whenever they suspect that a person may have been a victim of police ill-treatment. However, this rarely happens. Internal police oversight and complaints systems are often ineffective and many complaints are not adequately addressed as a result of the unwillingness or inability by the police to "police itself."

"Any dialogue about law enforcement reform must tackle the lack of police accountability and consequences to basic human dignity," said Mirlinda Caton, Amnesty International USA Bosnia-Herzegovina country specialist. "Government officials must make certain that all prosecutions are impartial, timely and carefully investigated when there may be possible torture or other ill-treatment by police and other law enforcement officials."

Cases of ill-treatment and violence in prisons continue to be reported in both entities of Bosnia and Herzegovina where the prison system is understaffed and some prisons are overcrowded, with poor material conditions. Amnesty International's interviews with prisoners in Zenica Prison (Federation of Bosnia and Herzegovina), for example, suggest a worrying pattern of ill-treatment of prisoners. Prison guards were reported to have beaten with truncheons prisoners held in isolation cells. Most prisoners are afraid to report such abuses as they fear reprisals from their guards.

According to official figures, no criminal proceedings were initiated against prison guards suspected of having ill-treated inmates in recent years. A culture of impunity and an atmosphere of intimidation make it unlikely that information about ill-treatment will reach anyone beyond the prison walls.

In relation to the authorities of Republika Srpska, Amnesty International welcomes the Minister of Justice work to create high security units within prisons. The organization also calls for the establishment of a mechanism that ensures inmates the right to complain in confidentiality to prison directors and to higher organs of authorities without fear of reprisal.

Amnesty International urges the authorities in Bosnia-Herzegovina at all levels, with the assistance of the international community, to reform its law-enforcement agencies and justice sector, to bring about comprehensive changes in policy and practice to address torture and other ill-treatment.

"Bosnia-Herzegovina government officials must flex their political muscle to strongly condemn torture and other ill-treatment, especially by police and prison officials. A transparent and accountable law enforcement system is not a luxury - it is vital to ensure fundamental rights," said Cox.