BiH Ombudspersons call for introduction of new technologies to monitor perpetrators of violence

A legal framework exists, but an integrated approach to victim protection is still lacking in Republika Srpska and the Brčko District.

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 monitoring and tracking perpetrators of violence. The research also showed that, in general, there is a lack of studies identifying who the ''perpetrators'' of domestic violence are in the country.

This was confirmed today by Ombudswomen Nives Jukic and Jasminka Dzumhur during the presentation of the report at the Parliamentary Assembly of BiH.

"It is evident that a significant number of these cases are recorded every year, and that in some instances perpetrators repeat the criminal offense, which raises the question of the effectiveness of imposed protective measures and court rulings," Dzumhur said.

According to information obtained from the competent authorities, conditional sentences are most often imposed in criminal cases related to the offense of domestic violence.

"A relatively large number of domestic violence cases and the frequent repetition of the offense by perpetrators indicate the ineffectiveness of the measures and actions undertaken by the competent authorities, which unequivocally leads to the conclusion that discrimination against victims of violence continues, primarily discrimination against women," the report states.

Based on the findings, Jukic and Dzumhur issued recommendations to all levels of government to take action toward the consistent implementation of international human rights standards aimed at preventing, protecting against, and combating domestic violence in BiH.

As emphasized by Dzumhur, it is necessary to conduct education and training for police officers and holders of judicial functions, as well as to implement programs for financing safe houses, which currently represent one of the pressing problems.

The reference period for the research is from January 1, 2023, to June 30, 2024, serving as a representative sample from which patterns in the conduct of public authorities can be identified.

According to the report’s authors, Jukic and Dzumhur, provisions of the Law on Protection from Domestic Violence and Violence against Women, which entered into force this year in the Federation of BiH, demonstrate that the state truly intends to protect women from domestic violence.

They noted that the term "violence against women" was introduced, defined as a form of discrimination and a violation of human rights. In addition, the "list of acts constituting violence" has been significantly expanded to include, alongside previously recognized forms of violence, sexual violence, abuse, harassment, and exploitation of a family member.

In the field of criminal law, amendments to the Criminal Code of the Federation of BiH introduced the term femicide as a separate criminal offense. The murder of a woman motivated by gender is now punishable by a prison sentence of at least ten years or long-term imprisonment.

Furthermore, the Family Law of the Federation of BiH prohibits violent behavior by married and unmarried partners, as well as other family members. Violent behavior under this law is defined as a violation of physical or psychological integrity, in accordance with Article 4 of the Law on Gender Equality in BiH.