Resolution CM/ResDH(2011)93[1]
Execution of the judgment of the European Court of Human Rights:
Rodić and 3 others against Bosnia and Herzegovina
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”)[2],
Having regard to the judgment transmitted by the Court to the Committee once it became final;
Case name (App. No.)
Judgment of
Final on
Rodić and 3 others (22893/05)
27/05/2008
01/12/2008
Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgments, the adoption by the respondent state, where appropriate, of individual measures to put an end to the violations and as far as possible to remedy their consequences for the applicant and general measures to prevent new, similar violations;
Having invited the authorities of the respondent state to provide an action plan concerning the measures proposed to execute the judgment;
Having, in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention, examined the action report provided by the government (see appendix);
Having noted that the respondent state paid the applicant the just satisfaction as provided in the judgment;
DECLARES, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and DECIDES to close the examination thereof.
Appendix to Resolution CM/ResDH(2011)
Information about the measures to comply with the judgment in the case of
Rodić and 3 others against Bosnia and Herzegovina
BOSNA I HERCEGOVINA
Ministarstvo za ljudska prava i izbjeglice
Ured zastupnika/agenta Vijeća ministara BiH pred Europskim sudom za ljudska prava
SARAJEVO
Ministry for Human Rights and Refugees
Office of the Agent of the Council of Ministers
before the European Court of Human Rights
SARAJEVO
Réf. 11-Ai-3/08 – 449/11
Sarajevo, 13 May 2011
Mrs Genevieve Mayer
Head of Department
Directorate General of Human Rights and Legal Affairs
Monitoring Directorate
Department for the Execution of Judgments of the European Court of Human Rights
Council of Europe
F-67075 STRASBOURG CEDEX
Report on the execution of the judgment of the European Court of Human Rights
delivered on 27 May 2008
In the light of the conclusions from the meeting held in Sarajevo on 16 March 2011 between the representatives of the Department for execution of judgments of the European Court in the Secretariat of CoE and representatives of relevant domestic authorities, we hereby submit information on recent activities taken with an aim to implement general measures ordered by the judgment in Rodić and Others v. Bosnia and Herzegovina.
The institutions in the territory of the Federation of Bosnia and Herzegovina currently accommodate a total of 49 war crime convicts, whereof 19 convicts have been serving their sentences in the Zenica Prison, 14 convicts in the Mostar Prison, 8 convicts in Sarajevo Prison, 4 convicts in Busovača, 2 convicts in Orašje and 1 convict Bihać and Tuzla each.
Within the Prison in Zenica, the Pavilion IV having capacity of 40 places has been opened for to accommodate the convicts who pose a threat to the security of the institution and lives and health of its inmates (risk convicts). The Pavilion VI used for accommodation of persons who are reasonably assessed to be subjected to threat for life and body by other convicts including the war crime convicts has also been in function.
Allocation of convicts is carried out in compliance with the Instructions on allocation of the convicts and their placement in the correctional institutions in Zenica, adopted on 12 July 2010. The criteria used depend on type and length of sentence, assessment of risk, age of the convicts, recidivism, special needs as well as behaviour and discipline of the convicts. Information on convicts are gathered during their initial stay in the Reception unit and on basis of data obtained from the institution services and statements of the convicts. At the moment, only one war crime convict has been accommodated in the Pavilion VI of the Prison Zenica. This transfer was made following the assessment made by the institution staff and with consent of the convict.
In order to have the prison conditions improved and inter-violence of the convicts prevented, the Institution in Zenica employed additional 50 prison officers. Also, the staff vacancies are filled up in the Department for execution of criminal sanctions in the Federal Ministry of Justice. Currently, in addition to the Assistant to the Minister in this Department, there are three new inspectors employed for execution of sanctions and one research assistant. Inspections of the institution are carried out on regular basis. The convicts’ complaints are filed in writing. Upon receipt of the complaints, the relevant bodies carry out necessary conversations and gather information. Replies are also submitted to the convicts in writing. Depending on the concrete problem, the interview may be carried out in the Prison. In this last period there have been no complaints filed by the war crime convicts as to their safety. The filed complaints mainly relate to out-of- prison conveniences and conditional release.
In order to eliminate overcrowding in current premises, the Government of the Federation BiH in September 2008 adopted a decision on construction of a closed-type and semi-open type correctional institution in Mostar. The semi-open type part of the prison is planned to accommodate 180 male convicts and 20 female convicts, while the closed type part of the prison is to accommodate 200 persons. The preliminary design and main project for the first stage of construction have been completed. The funds in amount of 5 million BAM approximately have been planned for the construction of this institution in Mostar for the current year of 2011. The tender for construction works has been completed and in the course of this month a contract with chosen construction company will be signed. The construction is planned to begin in June-July 2011. The first phase is planned to include preparatory works, land restructuring, construction of protection walls, walking areas, incoming road and construction of two ancillary facilities. The works are planned to be completed in 2014.
In accordance with above given, the Respondent party deems that actions taken to remove violation of human rights under the judgment in Rodić and Others v. Bosnia and Herzegovina shall also prevent similar violations in future, therefore no further measures are required.
Yours faithfully,
[1] Adopted by the Committee of Ministers on 14 September 2011 at the 1120th Meeting of the Ministers’ Deputies
[2] See also the Recommendations adopted by the Committee of Ministers in the context of the supervision of judgments of the European Court of Human Rights and in particular Recommendation Rec(2004)6 of the Committee of Ministers to member states on the improvement of domestic remedies.
Full & Egal Universal Law Academy