The Institution of the Ombudsman for Human Rights of Bosnia and Herzegovina (BiH) reacted to the latest frequent attacks on women within family communities in BiH and prepared a Special Report on the emerging forms, protection mechanisms, and prevention of domestic violence in BiH. The report showed that there are no economic measures for empowering victims, nor coordination among the police, the judiciary, and the healthcare sector, while the consistent implementation of the new Law on Protection from Domestic Violence and Violence against Women, adopted in the Federation of BiH (FBiH), is yet to follow.
In Republika Srpska (RS) and the Brcko District, a legal framework exists, but an integrated approach to the protection of victims is still lacking.
One of the recommendations addressed to the competent authorities is to grant greater powers to police bodies and to introduce new technologies in the process of supervision and monitoring of perpetrators of violence. This research also showed that, at the state level, there is a general lack of research into who the “perpetrators” are who have committed “domestic violence”.
This was confirmed yesterday by Ombudspersons Nives Jukic and Jasminka Dzumhur at the presentation of the Report in the Parliamentary Assembly of BiH (PABiH).
“It is evident that a significant number of these cases are recorded every year, as well as that in some cases perpetrators of violence repeat the criminal offence, which raises the question of the effectiveness of imposed protective measures and adopted court judgments,” Dzumhur said.
According to information obtained from the competent authorities, in criminal cases conducted for the criminal offence of domestic violence, suspended sentences are most often imposed.
“A relatively large number of domestic violence cases and the frequent repetition of this offence by perpetrators of violence indicate the ineffectiveness of the measures and actions undertaken by the competent authorities, which unequivocally points to the conclusion of the continuation of discrimination against victims of violence, primarily discrimination against women,” the Report states.
Based on the findings, Jukic and Dzumhur issued recommendations to all levels of government to undertake actions for the consistent implementation of international human rights standards with the aim of preventing, protecting against, and combating domestic violence in BiH.
As emphasized by Dzumhur, it is necessary to conduct education and training of police officers and holders of judicial functions, as well as programs for financing safe houses, which is one of the current problems.
“We concluded that a declarative message of ‘zero tolerance’ is not enough. We must contribute to the overall improvement of the right of all persons to live free from violence. This report should ensure the identification of key directions for institutional action with the aim of resolving the observed problems in this area,” Jukic said.
The reference period for which the research was conducted is from January 1st, 2023, to June 30th, 2024, as a representative sample on the basis of which regularities in the actions of public authorities can be identified.
That the state truly wants to protect women from domestic violence, the authors of the Report, Jukic and Dzumhur, emphasized, is shown by the provisions of the Law on Protection from Domestic Violence and Violence against Women, which entered into force this year in the FBiH.
They stated that, for the first time, the term “violence against women” was introduced, defined as a form of discrimination and a violation of human rights. Furthermore, the list of acts that constitute violence has been significantly expanded and, in addition to the previous forms of violence, now includes sexual violence, abuse, harassment, and exploitation of a family member.
In the domain of criminal law, amendments to the Criminal Code of the FBiH introduced the concept of femicide as a separate criminal offence. For the murder of a woman motivated by gender affiliation, a prison sentence of at least ten years or a sentence of long-term imprisonment is now prescribed.
Additionally, the Family Law of the FBiH prohibits violent behavior by married and unmarried partners, as well as other family members. Violent behavior within the meaning of this law is defined as a violation of physical or psychological integrity, in accordance with the provisions of Article 4 of the Law on Gender Equality in BiH.
“Expanded definitions of violence, the introduction of urgent protective measures and electronic monitoring, mandatory risk assessment, an SOS line, and a central register of safe houses testify to the serious approach of the FBiH to this issue. In particular, the introduction of femicide as an independent criminal offence sends a clear message that violence against women will not be tolerated, and that the state will undertake decisive measures to protect the rights and safety of women and children,” it was concluded at the presentation of the Special Report on domestic violence in BiH.
