Domestic violence represents one of the most serious social problems, as evidenced by the fact that in the Canton Sarajevo (CS) and throughout the Federation of Bosnia and Herzegovina (FBiH), an increase in the number of this criminal offense has been recorded. About how the Cantonal Prosecutor’s Office of the CS is facing this challenge, what the main goals are in working on domestic violence cases, and how protection is provided to victims, the acting deputy chief prosecutor of the Cantonal Prosecutor’s Office of the CS, Maja Pasic, spoke in an interview.
The criminal offense of domestic violence, as she explained, includes actions that represent an attack on the physical and psychological status and the peace of the victims. Such actions may take different forms, from physical and verbal violence to actions aimed at economic violence.
When it comes to the current situation regarding the criminal offense of domestic violence in the CS, she emphasized that there is a tendency for an increase in the number of commissions of this criminal offense, not only in this canton, but also in the entire FBiH.
To the question of what the main goals of the Cantonal Prosecutor’s Office of the CS are in working on domestic violence cases and how they are achieved in practice, Pasic answered that they are the identification of the perpetrators of this criminal offense, then documenting the criminal offense to the greatest and best extent possible, indicting the perpetrators, bringing them before the court and, ultimately, adequate punishment.
As a special goal, she highlighted the protection of victims of domestic violence, noting that this goal is achieved throughout the entire course of the criminal procedure, starting from the hearing of victims in the capacity of witnesses.
“We approach hearings in a very cautious manner, respecting all the rights of the injured parties guaranteed by the Criminal Procedure Code of the FBiH. We are especially cautious when the witness in the criminal procedure is a child or minor, where they are questioned in a special manner, in accordance with the law that applies to the position of the child and minor in the criminal procedure. This implies the assistance of a psychologist, where the psychologist can take a break during the hearing and adjust questions to the age of the child, or minor,” Pasic explained.
She noted that children are considered victims of domestic violence even if they only witnessed acts of violence.
“That means that this criminal offense does not have to be committed directly against them; it is enough that they were observers,” she added.
She emphasized that they are aware that behind every criminal procedure and every report of domestic violence, there is a story of real human suffering and trauma that stands behind that act. Precisely that, she said, is the reason why this Prosecutor’s Office approaches every such case in an individual manner.
When it comes to the protection of victims, the acting deputy chief prosecutor of the Cantonal Prosecutor’s Office of the CS emphasized that protective measures, that is, prohibition measures that the court imposes at the proposal of the prosecutor’s office, should make it possible to create a safe environment in which witnesses, without any interference or pressure, can freely give their statements and calmly wait for the outcome of the criminal procedure.
She noted that under the Criminal Procedure Code of the FBiH, injured parties have the right to refuse to testify when close relatives of the perpetrator are concerned, and these are parents, children, or spouses.
“Precisely these measures are aimed at preventing any influence of the perpetrator on these persons regarding the content of their statements and refusal to testify, which would make the procedure more difficult for us,” she emphasized.
She also referred to the measure of custody, which, she said, should make it possible for the investigation and the criminal procedure to be carried out in the most objective manner possible, especially when it comes to the collection of evidence of a subjective and material nature.
“Apart from the fact that the measure of custody prevents influence on witnesses regarding their statements, this measure, as well as protective measures, that is, prohibition measures, have another goal, and that is to prevent the repetition of the criminal offense of domestic violence by the same person against the same victims. The measure of custody is the strictest measure in which we deprive a given person of their liberty. It is used, proposed, and imposed only in cases when the person has already been punished for this or related criminal offenses, when there is an especially severe manner of committing the criminal offense of domestic violence or the consequences that arise for the victims, and when acts of domestic violence have been repeated and have lasted longer,” Pasic explained.
She added that custody differs from imprisonment, because custody is not a punishment but a security measure that ensures that the suspect, that is, the accused, remains available to the judicial bodies and that the procedure is conducted as efficiently and as economically as possible.
Speaking about the difficulties in proving criminal offenses of domestic violence, she emphasized that they most often face the fact that victims often refuse to testify, which the law allows when their close relatives are concerned.
“That makes proving more difficult for us because these are usually persons who are the only eyewitnesses to the events. We overcome this situation by using other pieces of evidence in the criminal procedure, and these are witnesses and material evidence. When it comes to witnesses, these are most often police officers who are the first to arrive at the intervention.
They can observe the consequences of the commission of the criminal offense in terms of objects that arise from this criminal offense or traces such as drops of blood, if the injured parties were injured, then scattered or broken inventory, furniture at the scene, injuries to the injured parties, torn clothing…” she explained.
All found traces and objects are documented through crime-scene procedures and later used as evidence before the court, which, according to her, has contributed to a larger number of convictions.
Commenting on cooperation with other bodies and institutions, such as, among others, police agencies, courts, social work centres, safe houses, and schools, she emphasized that without them the results of the Cantonal Prosecutor’s Office of the CS regarding the mentioned criminal offense would not be successful and that there would be no convictions.
“The police, together with the Prosecutor’s Office, identify the perpetrator and carry out investigative actions and collect evidence under the supervision of the prosecutor who is working on the case. The police can propose urgent protective measures, while the court imposes protective measures, prohibitions, and measures of custody and controls all imposed measures. The court ultimately decides on the guilt of the perpetrator of the criminal offense and imposes a sanction that may be a fine, a suspended sentence, or a prison sentence,” she explained.
The deputy chief cantonal prosecutor of the CS also pointed out the important role of schools, social work centres, and safe houses.
“When it comes to schools, today they are quite capable, according to the ‘flowcharts’ they have, of recognizing whether, among students, there are children who are victims of domestic violence, and then they can report that to the competent authorities. Social work centres are bodies that provide us with information related to family relations, which is important to us in collecting evidence for this criminal offense. In safe houses, we can accommodate victims of domestic violence so that they have the necessary safety while waiting for the outcome of the procedure, in a place where the perpetrator cannot approach,” she explained the way in which cooperation functions.
Speaking about statistics and the results of the work of the Cantonal Prosecutor’s Office of the CS in the fight against domestic violence, Pasic presented concrete data for the first ten months of this year.
“We had more than 100 indictments for this criminal offense, 177 custody cases, and more than 80 final verdicts, of which in one half of the verdicts the perpetrators were given a suspended sentence, and in the other half a prison sentence,” she emphasized.
She assessed these results as extremely good, noting that they are nevertheless related to the tendency of an increase in the number of commissions of this criminal offense.
At the end of the conversation, she emphasized that all those who work on cases of domestic violence strive to achieve results where perpetrators will be adequately punished, and the verdicts and imposed sanctions will contribute to special and general prevention.
“When it comes to the results of special prevention, we strive for the sanction to be measured in such a way that the perpetrator does not repeat this or any other criminal offense, while regarding general prevention, we strive to send a message to the public, but also to all other potential perpetrators of this criminal offense, what kind of outcome they can expect if they dare to commit this, but also other criminal offenses in accordance with the Criminal Code of the FBiH,” Pasic concluded.
