The Sarajevo Open Center has initiated the first appeal case before the Constitutional Court of Bosnia and Herzegovina concerning femicide, based on serious suspicions of institutional failures by the competent authorities in protecting the lives of women victims of violence, the center announced.
The appeal was filed by the family of Alma Kadić, who had repeatedly reported her ex-partner for domestic violence. Despite the fact that he had been given protective measures and had been convicted, the institutions failed to ensure her safety. Alma Kadić was murdered in 2021.
“We believe that it is high time that, in addition to the perpetrators of criminal acts, the responsibility of the entire system, which has the obligation to take all necessary measures when it comes to protecting human rights, and especially the right to life, is also determined. This is an important step towards preventing femicide and protecting victims of violence in Bosnia and Herzegovina. Despite the rich case law of the European Court of Human Rights, the Constitutional Court of BiH has not yet considered a single case that would raise the issue of state responsibility for inadequate protection of women from violence,” the statement said.
The appeal, which was drafted with the legal assistance of Adrijana Hanušić Bećirović, is based on the claim that Bosnia and Herzegovina has violated several provisions of the European Convention on Human Rights:
Article 2 – the right to life,
Article 3 – the prohibition of torture and inhuman treatment,
Article 13 – the right to an effective remedy,
Article 14 – the prohibition of discrimination, including discrimination on the basis of sex.
“We ask the Constitutional Court to establish a violation of the aforementioned articles of the Convention and order the state to take appropriate measures to improve the protection of victims of violence, and to pay compensation for non-pecuniary damage to the family of Alma Kadić,” the statement said.
The Sarajevo Open Center emphasizes that the European Convention on Human Rights is incorporated into the Constitution of Bosnia and Herzegovina and is directly applicable, and that courts are obliged to be guided by the provisions of the Convention as well as the practice of the European Court of Human Rights.
