There is a notable commitment among the judiciary in BiH to deliver justice to survivors of sexual violence in conflict, according to a report launched yesterday by the OSCE Mission to Bosnia and Herzegovina .
The report, Combating impunity for conflict-related sexual violence in Bosnia and Herzegovina: Progress and challenges, examines the achievements and obstacles in investigating, prosecuting and adjudicating cases of conflict-related sexual violence within the State level criminal justice system.
“The OSCE provides support and advice to judicial and prosecutorial authorities in their struggle against impunity for war crimes and their pursuit of justice, which can only be achieved through efficient and thorough investigations and speedy, fair trials,” said Fletcher M. Burton, Head of the OSCE Mission to BiH.
A key finding of the report is that the implementation of the National Strategy for War Crimes Processing is enhancing the resolution of sexual violence cases by ensuring that the burden is shared between the State and entity-level criminal justice systems.
Meddžida Kreso, President of the BiH Court, said: “We are glad that the OSCE report recognizes the true commitment of the BiH Court and Prosecutor’s Office to ensuring justice for the victims. Despite many challenges, these institutions have made significant progress in addressing cases of sexual violence in conflict.”
Gordana Tadic, Head of the War Crimes Section of the BiH Prosecutor’s Office, said: “The BiH Prosecutor’s Office is still confronted with a high number of very complex war crimes cases involving sexual violence. The problems include unavailability of suspects, access to evidence and access to witnesses. An increased number of war crimes prosecutors – currently 37 – and regional co-operation with prosecutors’ offices in Serbia and Croatia will help expedite effective processing.”.
Jo Lomas, Chargé d’Affaires at the British Embassy Sarajevo, said: “The UK and our partners are working hard to support local efforts to tackle the culture of impunity for serious war crimes, including crimes of sexual violence. The report shows that real progress has been made by the State Court and State Prosecutor’s Office, but much more needs to be done with a wider definition of what justice means to survivors. Real success will only be attained when the whole of government at all levels commits to action.”
The report calls for prioritization, investigation and prosecution of such crimes by the BiH Prosecutor’s Office, and additional specialized training for judges, prosecutors, investigators and support staff. It also recommends legislative amendments to bring the BiH Criminal Code in line with international standards.
