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2. In both the FBiH and the RS, the process of introducing Judicial Training Centres (JTCs) into practice is ongoing. Once fully established, these centres should be involved in all training activities, whether initial training for persons intending to practice law as judges or public prosecutors, or training aimed at the professional development of judges and prosecutors. An 18-month joint EC/CoE project to develop the ability of JTCs to provide initial and continuous training will be launched in June 2003. The project will also include training on substantive areas of law. The JTCs will be responsible for co-ordinating all training carried out for judges and prosecutors within both entities.

3. The US Embassy Department of Justice plans to provide one year’s training on provisions within the new criminal legislation for judges re-appointed in the current round (2003–2004). The training curriculum is currently being prepared.



  1. Training for members of the police forces on the UN Convention on the Rights of the Child and on issues relevant to direct work with children has been initiated by Save the Children UK in 1999 and will finish in 2004. In the Federation of BiH, 136 serving police officers from nine cantons have received this training, while 30 officers of the planned 75 in the RS have been trained. In co-operation with the relevant Ministries, it has been agreed that modules from this training will be integrated into the training provided by Police Academies in both entities. 347 police cadets in the Federation of BiH had received this training at the time of preparation of this Analysis, while the training of the cadets at the Police Academy of the RS was to begin in spring 2003. Additional training on police officers' communication skills with children has been conducted for over 100 members of the police forces and police trainers in BiH. This focused on police officers' first contacts with children at risk of coming into conflict with the law, and the particular needs of girl children.




  1. Catholic Relief Service (CRS) provided training in 2001 which aimed at peer support within the police forces of Zenica-Doboj canton in the Federation of BiH. 25 police officers were also trained on topics relating to juvenile offending and relevant provisions in the Criminal Procedure Code.


For media personnel

  1. ABA CEELI, together with the Association of Judges and Prosecutors of RS, organised a seminar in 2000 aimed at promoting the importance of spokespersons at courts and prosecutors' offices, with examples of good practice from spokespersons in Germany.





  1. A manual produced in 2001 by the Ombudsman of the Federation of BiH together with the Public Relation Office of the US Embassy for use by media in BiH tackles the issue of treatment of children in the media.




  1. Save the Children UK and the BBC School of Journalism organised sessions in Sarajevo in 2000 on reporting about particularly vulnerable groups of children, including children in conflict with the law.




  1. Pre-service training for journalism students, supported by UNICEF, has been introduced at the Sarajevo Faculty of Political Sciences. It includes topics concerning children in conflict with the law.




  1. UNICEF and the Public Health Institution of the Federation of BiH have supported training for journalists in electronic and other media on the ethics of reporting about children and women with a focus on public health. The publication distributed at the seminar, The Media and Children’s Rights,115 is a useful resource on media responsibilities in context of children’s rights, with a special section on children in conflict with the law.



Initiatives aimed at prevention of juvenile offending and awareness raising

1. A plan for the prevention of juvenile offending in canton Sarajevo has been made by the Sarajevo Cantonal Centre for Social Work. The lack of funds to support its proposed activities has caused a delay in implementation.




  1. In May 2002, World Vision started the implementation of a three-year programme, “Community initiatives for a more democratic environment and respect for human rights in BiH”, with one component relating to public security. Workshops and “open door” sessions are organised with the police throughout BiH in order to improve the relationships between citizens and police as well as to undertake agreed police community interventions.




  1. In 2002, Save the Children UK created materials for display and dissemination to children concerning their rights and the procedures followed for those coming into conflict with the law. Pocket leaflets for use by police have also been prepared containing relevant provisions of international instruments on the rights of children in conflict with the law.




  1. Save the Children UK has started a project aimed at identifying risk factors related to the school environment which can lead to juvenile offending. Children, parents and teachers will be informed about risks and also the protective factors that can decrease the possibility of coming into conflict with the law. The project is being implemented within primary and secondary schools in Sarajevo and Serb Sarajevo from January 2003.




  1. The Ministry of Internal Affairs of the RS is piloting projects within eight secondary schools in the north of the Republika Srpska where a school policeman is engaged alongside school pedagogue to work together on non-violent solution of problems occurring in the school.


1Nikhil Roy, Global Report on Juvenile Justice, Save the Children UK, December 2001


2Jasmina Kosovic, Socially Unacceptable Behaviour of Children and Youth, Questions and Challenges, Roundtable, Ombudsman Institution of the Federation of BiH, Sarajevo, 1998

3 Renko Djepic, Ibid

44 Juvenile Justice, Innocenti Digest 3, UNICEF, January 1998

5 Miodrag Simovic, Young People in Conflict with the Law in the Light of Topical Problems Related to Juvenile Criminal Justice in BiH, Open Society Fund in Bosnia and Herzegovina (OSF)-UNICEF, October 2002

6 Vera Sladojevic, Centre for Social Work Banja Luka, Analysis of indicators related to work with girl- offenders, micro research results included in the publication, Beyond Silence - A Study of Violence against Children in Bosnia and Herzegovina, Save the Children UK, June 2002

7 Stewart Asquith, Juvenile Justice and Juvenile Delinquency in Central and Eastern Europe - A Review, Centre for the Child and Society, University of Glasgow, 1996

8 Beyond Silence, Save the Children UK, June 2002

9 Ibid

10 Young People in Conflict with the Law in the Light of Topical Problems Related to Juvenile Criminal Justice in BiH, OSF-UNICEF, October 2002


11 Stewart Asquith, Juvenile Justice and Juvenile Delinquency in Central and Eastern Europe - A Review, Centre for the Child and Society, University of Glasgow, 1996

12 Ibid

13 Data collected from Ministry of Internal Affairs of Sarajevo Canton, Police from Doboj region, Ministry of Labour and Social Welfare Tuzla Canton; Unit for Juveniles within the Police for Banja Luka town; Prosecutor's Office and the Court in Banja Luka; Federal Statistics Institution of the Federation of BiH

14 Statistical Yearbook for the Federation of BiH, Statistics Institute of FBiH, Sarajevo, 2002

15 First Instance Court in Banja Luka.

16 Police for Doboj region, Prosecutor offices of Modrica and Bijeljina.

17 The police register cases brought to the their attention and cases confirmed by them, but do not register cases brought directly to the attention of Prosecutor's office. The Court processes cases received from the Prosecutor, while the Prosecutor dismisses cases of minors below 14 years of age. Centres of Social Work focus on cases being processed by Court but only from the territory (i.e. geographical area) that the Centre covers, which is not necessarily the same territory in which the Court has jurisdiction.

18 Young People in Conflict with the Law in the Light of Topical Problems Related to Juvenile Criminal Justice in BiH, OSF-UNICEF, October 2002


19 Confronting Youth in Europe - Juvenile Crime and Juvenile Justice, AKF-Institute of Local Government Studies, Denmark, August 1998

20 The two educational measures most often implemented in practice in BiH.

21 Municipal Court I, Sarajevo

22 Beyond Silence, Save the Children UK, June 2002

23 Renko Djepic, Socially Unacceptable Behaviour of Children and Youth, Questions and Challenges, Roundtable, Ombudsman Institution of the Federation of BiH, Sarajevo, 1998

24 Analysis on the situation and problems in juvenile delinquency in Tuzla Canton, Ministry of Labour and Social Welfare of Tuzla Canton, February 2002

25 30% cases of juvenile offending at the Prosecutor office in Modrica (RS) during the first ten months of 2002 were offences committed by Roma children, Prosecutor Modrica (RS)

26 Confronting Youth in Europe - Juvenile Crime and Juvenile Justice, AKF-Institute of Local Government Studies, Denmark, August 1998

27 Unit for Juvenile Offending, Centre for Social Work, Banja Luka

28 Political and Institutional Stability in BiH, Confidence in the political system, Early Warning System, UNDP report for January- March, 2002


29 John Parry Williams, Justice for Children, Save the Children UK and Radda Barnen (Save the Children Sweden), 1998

30 Article 11, Press Code for BiH, 1999

31 Broadcasting Code of Practice for BiH, Independent Media Commission, 1998, amended 1999 and 2000

32 Young People in Conflict with the Law in the Light of Topical Problems Related to Juvenile Criminal Justice in BiH, OSF-UNICEF, October 2002

33 Human Rights, the Media and Public, issued by the Ombudsman Institution of the FBiH together with the Public Relation Office of the US Embassy, March 2001

34 Information was available on the following: (1) Save the Children UK/BBC School of Journalism in Sarajevo, 2000. Sessions on particularly vulnerable groups of children including children in conflict with the law; (2) UNICEF/BiH Ministry of Foreign Affairs, one-day training session, 2002. Sessions focused primarily on reporting on children's rights and reporting from a child rights' perspective in relation to the UN General Assembly Special Session on Children


35 Sarajevo Faculty of Political Sciences, School of Journalism/UNICEF

36 In the Republika Srpska, the Ministry of Justice. In the Federation of BiH, the Federal Ministry of Justice at the entity level.

37 Branko Morait, article in the Voice of Justice, Banja Luka, April 2002

38 Official Gazette of the Federation of Bosnia and Herzegovina , no. 24, June 2002 and Official Gazette of the Republika Srpska, no. 49, August 2002

39 Federal Ministry of Internal Affairs, and the Ministry of Internal Affairs of the Republika Srpska.

40 There are different departments: (1) Department for Thefts and Severe Larcenies; (2) Department for Robberies; (3) Department for Explosions, Crashes and Fire; (4) Department for Manslaughter and Sexual Assaults, and (5) Department for Search of Missing Persons.

41 Miodrag Simovic, Young People in Conflict with the Law in the Light of Topical Problems Related to Juvenile Criminal Justice in BiH, OSF-UNICEF, October 2002

42 Jasmina Kosovic, Materijal za Trening Policije / Material for Police Training 2001-2, Save the Children UK


43 There is also a draft on criminal procedure from May 2001 prepared by the RS Government’s Commission for the reform of criminal legislation.

44 Miodrag Simovic, Young People in Conflict with the Law in the Light of Topical Problems Related to Juvenile Criminal Justice in BiH, OSF-UNICEF, October 2002

45 Ibid

46 A handbook Principles and Procedures, adopted by the Ministry of Internal Affairs of the RS, December 2002.

47 Instructions on the Treatment of Persons Deprived of Liberty passed by the Federal Minister of Internal Affairs, based on the Law on Internal Affairs of the Federation of Bosnia and Herzegovina, implemented since 2001.

48If a person deprived of liberty is not brought to the relevant court within a twenty four hour period, the person would be released”. Ibid

49 The handbook of Principles and Procedures has been developed through cooperation between the ministries of both entities and ICITAP.

50 Principles and Procedures, General instruction 521, Procedures of arrest and taking into custody of juveniles.

51 Information supplied from an interview in the Public Security Centre/Police station, Banja Luka.


52 Jasmina Kosovic, Material for Police Training 2001-2, Save the Children UK

53 "Legal basis and not the justifiable reasons, as it was the case previously, is required for the extension of the detention period." Tadija Bubalovic. " Legal basis on which a juvenile may be remanded in custody is established far narrower than in the case of holding a major perpetrator in custody (Article 456 of CPL). In this relation, the following are the reasons for detention: possible escape, collusion and recidivism." Hajrija Sijercic-Colic, Young People in Conflict with the Law in the Light of Topical Problems Related to Juvenile Criminal Justice in BiH, OSF-UNICEF, October 2002

54 Jasmina Kosovic, Material for Police Training 2001-2, Save the Children UK

55 Criminal Procedure Code of the Republika Srpska, 1993, Art. 195

56 Law on Criminal Procedure of the RS, Article 196.

57 Young People in Conflict with the Law in the Light of Topical Problems Related to Juvenile Criminal Justice in BiH, OSF-UNICEF, October 2002

58 Miodrag Simovic, Young People in Conflict with the Law in the Light of Topical Problems Related to Juvenile Criminal Justice in BiH, OSF-UNICEF, October 2002


59 Ibid

60 Ibid

61 Hajrija Sijercic-Colic, Ibid

62 Bojan Dekleva, Nove vrste vzgojnih ukrepov za mladoletnike, (Development and Introduction of New Measures), Ljubljana 1995



63 PNOS as an abbreviation for ‘Pojacani Nadzor Organa Starateljstva/Skrbi' / Intensified Supervision by a Guardian Body/CSW

64 In the FBiH, municipal courts are first-instance courts, while cantonal courts are of the second-instance. In the RS, basic courts are also the first instance-courts and district ones are the second-instance courts. The second-instance courts rule on juvenile offending cases upon complaints about first-instance court decisions.

65 Meliha Filipovic, discussion at the presentation of study, Young People in Conflict with the Law in the Light of Topical Problems Related to Juvenile Criminal Justice in BiH, Teslic, October 2002


66 Miodrag Simovic, Young People in Conflict with the Law in the Light of Topical Problems Related to Juvenile Criminal Justice in BiH, OSF-UNICEF, October 2002

67 Article 473, paragraph 1, the Criminal Procedure Code of the RS, Article 455, paragraph 1, the Criminal Procedure Code of the FBiH.


68 Miodrag Simovic, Young People in Conflict with the Law in the Light of Topical Problems Related to Juvenile Criminal Justice in BiH, OSF-UNICEF, October 2002

69 Hajrija Sijercic-Colic, Ibid

70 Ibid

71 Ibid

72Miodrag Simovic, Ibid

73Ibid

74The juvenile judge may convene a main court hearing even when he or she deems that an institutional measure is not likely to be imposed, that is in cases when: (1) the results of the preliminary proceeding demand that the facts be established through cross examination, through assessment of evidence and in the presence of the young offender; (2) if the judge deems it is uncertain whether the sanction imposed will be an institutional or another educational measure; (3) the judge decides that, for educational reasons, the juvenile needs to be subject to a court hearing.

75 Bojan Dekleva, Nove vrste vzgojnih ukrepov za mladoletnike, (Development and Introduction of New Measures), Ljubljana 1995

76 The different laws in both entities: Laws on Social Protection, Family Laws, Criminal Codes, Criminal Procedure Codes and Laws on the Implementation of Criminal Sanctions.

77 Young People in Conflict with the Law in the Light of Topical Problems Related to Juvenile Criminal Justice in BiH, OSF-UNICEF, October 2002


78 Bojan Dekleva, Nove vrste vzgojnih ukrepov za mladoletnike, (Development and Introduction of New Measures), Ljubljana 1995


79 Miodrag Simovic, Young People in Conflict with the Law in the Light of Topical Problems Related to Juvenile Criminal Justice in BiH, OSF-UNICEF, October 2002

80 Confronting Youth in Europe – Juvenile Crime and Juvenile Justice, AKF-Institute of Local Government Studies , Denmark, August 1998

81 Barajas 1995, Bazemore and Schiff 1996, Griffiths and Hamilton 1996, Travis 1996

82 Confronting Youth in Europe - Juvenile Crime and Juvenile Justice, AKF-Institute for Local Government Studies, Denmark, August 1998

83 Nigel Cantwell, Juvenile Justice, Innocenti Digest 3, UNICEF, January 1998

84 Law on the Implementation of Criminal Sanctions of the Federation of BiH, 1998, Art. 201 and Law on the Implementation of Criminal and Misdemeanour Sanctions of the RS, 2001, Art. 264

85 Young People in Conflict with the Law in the Light of Topical Problems Related to Juvenile Criminal Justice in BiH, OSF-UNICEF, October 2002


86 Miodrag Simovic, Ibid


87 "This punishment can be imposed only on an older juvenile offender who committed an offence for which the statutory punishment is more than five years imprisonment, and in cases when, due to serious consequences of the act and a high degree of criminal liability, an educational measure would not be suitable.” Ibid

88 The penalty of juvenile imprisonment must be reduced to a shorter time. This penalty could, as a rule, range from six months to five years and only exceptionally in cases which would be separately provided for by the law up to ten years.” Hajrija Sijervcic–Colic, Ibid

89 Deprivation of Liberty as a Sentence, Juvenile Justice, Innocenti Digest 3, UNICEF, January 1998

90 The most obviously acceptable application of this qualification is probably the case of children and parents being arrested jointly for an offence such as illegal immigration”. Ibid

91 UN Rules on the Protection of Juveniles Deprived of their Liberty, 1990

92 Update on the Situation in Prisons in the RS, Action Plan on the Reform of the Prison System in BiH, Council of Europe Office in Sarajevo, November 2002

93 Ibid

94 UN Rules on the Protection of Juveniles Deprived of their Liberty, 1990


95 Currently (November 2002) in Zenica Prison, there are ten prisoners serving juvenile prison sentences. All 10 prisoners are of adult age now, from 19-23. Of this number, eight are working regularly, and four of them use privileges of external visits

96 Art. 201, Point 3, the RS Law on the Implementation of Criminal and Misdemeanour Sanctions, December 2001

97 Prevention and Reintegration, Juvenile Justice, UNICEF Innocenti Digest 3, January 1998

98 Ibid

99 The Action Plan for Children in Bosnia and Herzegovina 2002-2010 was adopted at the BiH Council of Ministers in July 2002.

100 Information received from the Centre for Social Work, Sarajevo Canton.

101 Confronting Youth in Europe – Juvenile Crime and Juvenile Justice, AKF-Institute of Local Government Studies, Denmark, August 1998

102 Ibid

103 Ibid and Youth Crime Section Factsheet, NACRO, Youth Crime Section, UK, October 2000


104 Besides these, the United Nations Standard Minimum Rules for Non-Custodial Measures known as the Tokyo Rules, should be mentioned as well as the Vienna Guidelines and Standard Minimum Rules for the Treatment of Prisoners. The latter was the first to advocate for the principle of separation of juveniles from adults.


105 See Kosović, J. Pravosudni sistem za maloljetnike i UN Konvencija o pravima djeteta, (The Juvenile Justice System and the UN Convention on the Rights of the Child), Material developed for the training of Police in BiH, Save the Children UK, 2001-2



106 Miodrag Simovic, Young People in Conflict with the Law in the Light of Topical Problems Related to Juvenile Criminal Justice in BiH, OSF-UNICEF, October 2002

107 As in Croatia where, under the legal act entitled ‘Juvenile Courts’, all matters concerning juvenile offending are regulated.

108 Child Law Reform, Justice for Children, Save the Children UK and Radda Barnen (Save the Children Sweden), 1998

109 Article 99, Criminal Code of the Federation of BIH

110 www.ohr.int

111 Minutes from the meeting to discuss juvenile justice provisions of BiH criminal legislation, July 24, 2002, attended by OHR, OSCE, UNICEF and SC UK.


112 Young People in Conflict With the Law in the Light of Topical Problems Related to Juvenile Criminal Justice in BiH, OSF-UNICEF, October 2002.

113 The Independent Judicial Commission was established in March 2001. Its mandate is to assist and guide judicial and legal reform, working closely with relevant local institutions, and to co-ordinate the efforts of the other international agencies involved. Currently, work is being undertaken in the areas of: reviews of judges and their appointment process; reform of court administration and financing; improvements to civil and criminal legislation; legal training and education; and inter-entity co-operation.


114 “The IJC appeared to acknowledge this difficulty (of reviewing) by focusing from autumn 2001 on judicial appointment procedures as a means of increasing the effective rate of replacement”, Courting Disaster: The Misrule of Law in Bosnia and Herzegovina, ICG Balkans Report No. 127, March 2002.

115 Devised for UNICEF by PressWise, 1999



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