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Published by Save the Children UK,

Bosnia and Herzegovina Programme

Researched and prepared by:

Olivera Damjanovic


Annex I prepared by:

Ramiz Huremagic

Prepared for publishing by:

Shon Campbell

Bojana Matic

Paula McDiarmid

Cathy O’Neill

Vanja Sotra

Technical assistance:

Dragana Strinic

Dijana Ratkovic

Slobodan Stankovic

Nermina Vrbcic

Design, DTP and printing: JORDAN Studio, Sarajevo

First published in 2003. © Save the Children UK / UNICEF. All rights reserved. This publication may not be reprinted without the prior permission of the Publisher.

Young People in Conflict with the Law:

A Review of Practice and Legislation in Bosnia and Herzegovina

in Relation to International Standards



TABLE O F CONTENTS



INTRODUCTION

List of Acronyms Used in the Text
I CHAPTER 1 - CHILDREN IN CONFLICT WITH THE LAW IN BOSNIA AND HERZEGOVINA (BiH)


    1. BASIC CHARACTERISTICS OF CHILDREN IN CONFLICT WITH THE LAW IN BOSNIA AND HERZEGOVINA

A Child's Age in the Criminal Legislature of Bosna i Hercegovina

The Age at which Criminal Offences are most Frequently Committee

Status Offences – the Status of the Child and a Criminal Offence

Gender Differences

Risk Factors / Causes of Juvenile Offending

The Importance of Analysing the Causes of Juvenile Offending

The Most Frequently Committed Offences

Is Youth Crime on the Rise or Decline in BiH?

Insufficient Data


The importance of statistics

Other Characteristics


Recidivism

Juvenile Offending – an Urban Phenomenon

Juvenile Offenders and Educational Problems

Victims of Juvenile Crime – Juveniles Themselves

Are Specific Groups of Children in BiH more likely to Commit Offences - an open question


    1. THE PUBLIC AND CHILDREN IN CONFLICT WITH THE LAW

Perception of Juvenile Crime by BiH Society

Experiences of Other Countries – the Importance of Monitoring Public Opinion and of Providing Information to the Public

THE ROLE OF THE MEDIA

The usual Models of Informing the Public on Juvenile Offending

Protection of the Child’s Integrity

Education of Journalists and Reporters

Towards better and more accurate reporting


    1. CONCLUSIONS – IDENTIFIED STATE OF AFFAIRS AND GAPS

The Current Situation

Gaps Identified
II CHAPTER 2 - JUVENILE JUSTICE IN BOSNIA AND HERZEGOVINA – ROLES AND RESPONSIBILITIES OF INSTITUTIONS IN THE SYSTEM
2.1 ASSESSMENT OF CURRENT PRACTICE IN THE STATE INSTITUTIONS

WITHIN THE JUVENILE JUSTICE SYSTEM



Justice System

Internal Affairs

Social Care
2.1.1 WORK OF INTERNAL AFFAIRS BODIES (POLICE)

Organisation of Work

Current Practice

Procedures of Work with Juveniles within Internal Affairs Bodies

(Police stations and Public Security Centres)

Legal provisions and deprivation of liberty

Internal Binding Documents pertaining to Arrest and the Deprivation of Liberty

Grounds for conduct of inquiry and deprivation of liberty

1.Methods of apprehension


Procedure with a minor in police premises

Presence of parents

Examination of a juvenile

Engagement of a defence counsel

Forwarding of Cases to the Public Prosecutor’s Office

Remand in custody and deprivation of liberty


Caution that may be given by the police

Protection of information on juveniles

Police and prevention

Police co-operation with other institutions in the juvenile justice system




2.1.2. PROSECUTION

Organisation of work

Current practice

Completion of the preparatory proceedings

Public prosecutors in the situation of non-implementation of institutional measures in practice
2.1.3. COURT

Organisation of work

Current practice in the courts

Duration of court procedures and the importance of accelerating the process

Detention during preparatory proceedings

Bail in preparatory proceedings

Judges and the ordering of educational recommendations in the FBiH

Preparatory proceedings and the trial

The judge's responsibilities in the period of implementation of measures

Basic problems/Gaps noted in the practice of the courts
2.1.4 SOCIAL WELFARE CENTRES

Organisation of work

Current practice

Implementation of the measure of intensified supervision by a guardian body

Implementation of other measures by social welfare centres

Reporting to the court

Reform of criminal legislation and the position of the social welfare centre – an open question
III CHAPTER 3 - CRIMINAL SANCTIONS FOR JUVENILES IN BOSNIA AND HERZEGOVINA
3.1 ANALYSIS OF THE NATURE OF CRIMINAL SANCTIONS

Balance between the ‘welfare principle’ and the ‘justice principle’

Theoretical background

Restorative justice – a new model of response to juvenile offending

Analysis of some aspects of criminal sanctions in Bosnia and Herzegovina


3.1.1 EDUCATIONAL MEASURES OF AN INSTITUTIONAL TYPE

Placement in an educational institution

Placement in an educational/reformatory home

Placement in other correctional or special institutions

3.1.2 JUVENILE PRISON SENTENCE AND ITS IMPLEMENTATION IN PENAL-CORRECTIONAL INSTITUTIONS

Basic characteristics of work with juveniles in penitentiary institutions

Admittance, registration and transfer


Physical ambience and accommodation

Education, vocational training and work

Recreation, and practising of religion

Medical care

Contacts with family and the wider community

Complaints and the possibility of external supervision

Preparation for release

Education of staff in residential institutions


IV CHAPTER 4 - PREVENTION OF JUVENILE OFFENDING

Juvenile Justice Prevention – International Instruments

Juvenile Justice Prevention in BiH – existing plans

Preventive Programmes in the area of Juvenile Offending – experiences from Western Europe
V CHAPTER 5 - KEY AREAS TO BE ADDRESSED

5.1 LEGISLATION

5.2 INSTITUTIONS

Ministries and other government bodies (at various administrative levels in BiH)

The police

Prosecution

Court

ocial Welfare Centres

5.3 THE SYSTEM OF CRIMINAL SANCTIONS

5.4 PREVENTION

ANNEX I Compliance with of the Criminal Legislation of BIH with the Most Important Instruments Pertaining to Juvenile Delinquency
ANNEX II Criminal Sanctions for Juveniles in Republika Srpska and Federation of BIH and Frequency of Ordering and Implementation – Tables

ANNEX III Projects and Initiatives of Local and International Organisations in BiH in the Field of Juvenile Justice

ANNEX IV Glossary
Annex V List of Laws and International Instruments Consulted for Juvenile Justice Review

INTRODUCTION
This Review of Practice and Legislation in the Field of Juvenile Justice in Relation to the International Standards is the first of its kind in Bosnia and Herzegovina (BiH). It has been researched and compiled by Save the Children UK, with the financial support of UNICEF and SC UK, after the need for such an overview was highlighted in the context of the Rule of Law Task Force in 2002. The Analysis complements the study, Young People in Conflict with the Law in the Light of Topical Problems Related to Juvenile Justice in BiH, produced by the Open Society Fund BiH and UNICEF in 2002.

Information specific to the situation in BiH is included in the Analysis, as well as references to international standards and examples of good practice in the JJ field. Information was gathered from October 2002 to March 2003 through desk research and interviews, and data was requested from relevant ministries and agencies. This was, at times, a lengthy process because of the need to obtain permissions and compile information. Further analysis and views on the situation were obtained through interviews and contacts with some 35 practitioners and policy-makers across the country. Additional input was made by Ramiz Huremagić in terms of research into legislative instruments (Annex 1) and by Judge Jasmina Kosović. Judge Dragan Uletilovic and Nikhil Roy are appreciated for their contribution in consultation during the research. Comments were also added by members of the Juvenile Justice Sub-Issue Set, a working group of the Rule of Law Task Force, prior to publication.

By its nature, this Analysis is a snapshot of the various elements of JJ in BiH at a particular point in time. Arrangements and initiatives with respect to JJ vary widely across BiH, and there is an absence of routine analysis and compilation of data. It was not possible to obtain full details on the situation by making contact with each of the many ministries, prosecutors’ offices, courts, police stations, centres for social welfare, prisons and other institutions which work in different ways with children in conflict with the law. We sought, instead, to gather what was readily available, along with details about the JJ situation and initiatives in major urban areas. It was clear in this process that practice varies very widely and it has not been possible to draw conclusions about average or usual practice. As a result, the Analysis focuses on problems noted by respondents.
Legislative instruments governing JJ are extensive and vary widely across the country. Therefore, only relevant entity level legislation in the Federation of BiH and the Republika Srpska has been considered in this analysis. Upcoming changes in the Criminal Procedure and Criminal Codes as well as other legislation will inevitably bring some changes to policy and practice. This analysis, however, draws on the legislation which was in place in late 2002 (see Table of Statutes).
In highlighting some of the gaps in translating this legislation into practice, we hope this situation analysis will contribute towards promoting child-centred solutions which are feasible to implement. Specific reference has not been made to the Brčko district, but its different criminal laws and their implications in practice could be the subject of a later useful study.

With respect to international instruments, this Analysis refers primarily to United Nations conventions which underpin work in the field of juvenile justice. BiH is also party to European conventions, and various Council of Europe recommendations which, although not binding, nevertheless remain relevant and important.

A final word is necessary on issues of terminology. Throughout this document we have referred to terminology currently in use in BiH, while recognising that there are problems with some of the terms used. The changing nature of terminology in the JJ sector worldwide reflects developments in the understanding of the behaviour of children who come into conflict with the law. As such, these children are now seen as having harmed the community through their behaviour rather than seen as having criminal behaviour or committing criminal acts.
We are particularly grateful to the many people who contributed to this study for their willingness, time and insight. The immense interest in, and concern for, children coming into conflict with the law which was shown by all those we contacted is an indication of the broad consensus on the need for reform in the JJ system.
We look forward to this analysis providing a basis for the addition of further information so as to complete the picture, and serve as a foundation for developing reform initiatives in the Juvenile Justice sector in BiH. As examples in this document show, the most effective and cost-efficient approaches in terms of dealing with youth crime and young offenders are those that are community-based and simultaneously focused on rehabilitation and reintegration, rather than the more costly provision of residential and institutional care.



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