Situation Report on Penal Institutions
in Bosnia and Herzegovina

(December 2001)

INTRODUCTION

In 2001, the Helsinki Committee for Human Rights in BiH realised the project of monitoring the situation in penal institutions in Bosnia and Herzegovina. The aim of the project was to get acquainted with the situation in these institutions in the light of respect for and implementation of the regulations from the international documents dealing with the rights of prisoners and the state in prisons such as «Convention Against Torture and other Cruel, Inhumane and Humiliating Treatments», «European Convention on Prevention of Torture and Inhumane Treatment and Punishment», European Convention on Protection of Human Rights and Fundamental Freedoms» and «European Prison Rules».

Monitoring covered penal institutions throughout Bosnia and Herzegovina, in both entities. Monitoring, i.e. visits to these institutions were conducted by the Helsinki Committee for Human Rights in BiH, which comprised 2 to 5 members. Colleagues from the Norwegian Helsinki Committee, Helsinki Committee for Human Rights in Republika Srpska as well as from the International Helsinki Federation took part in several missions together with the representatives from the Helsinki Committee for Human Rights in BiH. Each mission composed of two parts: the first part included discussions with the management of the institution, i.e. with manager and assistant managers, and the second part composed of visits to the premises of the facilities (sleeping rooms, joint premises, toilets, rest rooms, bathrooms, sitting rooms, kitchen, medical care room, prison circle, solitary cells, etc...) where we had talks with prisoners without presence of prison guards or anyone from the administration.

In the course of this project, we visited 12 penal institutions, of which 7 in the Federation of Bosnia and Herzegovina (penal institutions in Zenica, Tuzla, Bihac, Mostar, Sarajevo, department of Tomislavgrad penal institution in Busovaca and department of Sarajevo penal institution in Ustikolina) and 5 in the territory of Republika Srpska (penal institution in Banja Luka, district penal institution – Bijeljina, district penal institution Doboj, penal institution Foca/Srbinje, penal institution «Kula» - Srpsko Sarajevo).

During the visits, the administration of penal institutions was extremely co-operative and enabled us to enter any part of the institution and to discuss with anyone of prisoners. The procedure for obtaining a permit for visit to penal institution in Republika Srpska differs from the procedure for the territory in the Federation of BiH. Namely, for the visit to penal institution in Republika Srpska, it is necessary to get the permission and approval from the Ministry of Justice of RS, while in the territory of the Federation of BiH, the visit is to be arranged directly with the manager of a penal institution.

PENAL INSTITUTIONS IN BIH

There are 11 penal institutions in total in Bosnia and Herzegovina and 3 separate departments of these institutions.

In the territory of the Federation of BiH, there are 5 penal institutions and 3 departments (penal institutions in Zenica, Tuzla, Bihac, Mostar, Sarajevo, department of Tuzla penal institution in Orasje, department of Tomislavgrad penal institution in Busovaca and department of Sarajevo penal institution in Ustikolina). All the penal institutions in the Federation of BiH are of semi-open type except the one in Zenica that is of closed type. The total capacity of these institutions is about 1,150 places, and presently there are 1,276 prisoners in them. Each of the institutions has, apart from departments for convicts, detention cells. In the penal institution of Tuzla, there is a female department of the capacity of 40 places while in the penal institutions in Tuzla and Mostar there are smaller units for women. Penal institution in Zenica has, in addition to units for convicts and detention cells, a department for minors (45 places), and a department for execution of measure of compulsory psychiatric treatment and keeping (capacity 60 places).

In the territory of Republika Srpska, there are 6 penal institutions (in Banja Luka, District Penal institution in Bijeljina, District penal institution in Doboj, penal institution in Foca/Srbinje, penal institution «Kula» - Srpsko Sarajevo and District penal institution in Trebinje). All penal institutions in the territory of Republika Srpska are of semi-open type except in Foca/Srbinje that is of closed type. The total capacity of these institutions is about 1,820 places, and presently there are 755 prisoners in them. Each of these institutions has a department for convicts, and detention cells. In addition, penal institution in Banja Luka, District penal institution in Bijeljina and penal institution «Kula» in Srpsko Sarajevo there are department for female convicts. The female departments in Banja Luka and Bijeljina are very small, with the capacity of 4 – 6 places while in «Kula» the capacity is somewhat bigger and it is 12 to 16 places. The measure of compulsory psychiatric treatment and keeping for the Republika Srpska is conducted in one department of the Special Hospital in Sokolac. According to the new Law on Execution of Criminal Sanctions in RS, the department for minors will be in Foca/Srbinje, while the department for execution of correction measures will be in Banja Luka. It is important to note that all until the implementation of the new Law on Execution of Criminal Sanctions in RS, there was no separate department for minors, and they were serving their sentences together with adult convicts. Out of all the penal institutions we visited in RS, we registered only three convicts in Banja Luka who started serving their sentences as minors, and became of age during their stay in penal institution.

The national structure of the convicts differs, depending on the place in which penal institution is located. Thus, in the penal institutions in the Federation of BiH, more than 90% of the convicts are Bosniaks, than come Croats, Serbs and others. That ratio is somewhat different when national composition of convicts in penal institutions in Mostar and Tomislavgrad department of Busovaca are in question, i.e. the ratio between Bosniaks and Croats is somewhere 50:50. In penal institutions in Republika Srpska, the situation is reverse – the largest number of convicts is of Serb ethnic origin, about 95%, while the rest are Bosniaks, Croats, and others.

As for the gender structure of convicts, the largest majority are men. There are several tens of female convicts. Thus, in the penal institutions in the Federation of BiH, presently there are in total 38 female convicts (2 in Mostar and 36 in Tuzla), and in Republika Srpska, there are 17 female convicts. The major part, over 60% of them is sentenced for murders and infanticide, and the rest for robbery and fraud.

As for the structure of convicts by committed criminal act, over 70% of cases in penal institutions in Republika Srpska are felonies, other are property offences, acts against traffic safety, acts against sexual integrity, and acts against general safety of people and property. In the penal institutions in the Federation of BiH, the situation is almost identical: about 65% are the cases of felonies, other 35% relate to property offences, acts against traffic safety, acts against sexual integrity and acts against general safety of people and property.

It is interesting to note that the number of convicts, in both entities, sentences for economy crime is extremely small. There are mainly persons who were chiefs of small shops or chiefs of storage houses.

During our visit to penal institutions in BiH, we registered several foreign male and female foreign convicts. Thus, in penal institution «Kula» there is one Russian serving sentence, and there were two Slovenians and 6 girls from Moldavia and Romania in detention cells. In the penal institution in Banja Luka, there is one Slovenian serving a sentence. In penal institution in Tuzla there is one convict from Yemen and in Zenica there is one French in a department for compulsory psychiatric treatment and keeping.

The age structure of the convicts in penal institutions in BiH ranges from 18 to 70 years of age. In penal institution in Banja Luka, there are presently 7 convicts of more than 70 years of age. They are accommodated in a separate sleeping room and in a discussion with them we got to know that they have been treated correctly by the prison administration and that they have regular medical check-ups. They are not engaged in any labour.

The education structure of the convicts is rather uneven. In the largest part of cases there are convicts without completed primary education, or having only primary school. Then, there are convicts with high school education while the number of convicts with two-year college or university education is extremely low (only several cases).

As for the prison administration, each penal institution we visited has sufficient number of prison guards. However, there are some problems within the administration. We think here of the service for correctional measures. For example, we noticed that in the major part of the prisons we visited there were not sufficient number of trainers, and we have a situation with 65 to 70 convicts on one trainer) penal institution in Zenica) although the regulations foresee maximum to 50 convicts. We should also point out the fact that there are few institutions that engage psychologists. Only three penal institutions have full time psychologists in Bihac, Zenica and Tuzla.

The penal institutions are being financed from two sources: entity ministry of justice and district courts, i.e. cantons. Until recently, penal institutions in the territory of the Federation of BiH were financed separately: from the Ministry of Justice of the Federation of BiH and separately from the cantons. However, in the last few months, that system has been changed in such a way that the funds paid in by the cantons go directly to the Ministry of Justice of F BiH and then their distribution is done in accordance with the need of penal institutions. The financing of penal institutions in the Republika Srpska is similar, it is made separately, from two sources: Ministry of Justice of RS and district courts.

LEGAL ASPECT OF SERVING THE SENTENCE

The Law on Execution of Criminal Sanctions (ZIKS) regulates the execution of criminal sanctions and other measures pronounced in criminal proceedings. Each entity has its own Law on Execution of criminal sanctions. ZIKS of the Federation of BiH was passed in November 1998, and recently a new Law on Execution of Criminal Sanctions was adopted in Republika Srpska (end November 2001). These laws, among else, determine the conditions of accommodation of convicts, maintenance of personal hygiene, clothing, food, health care, work and compensation for work, education, use of benefits, disciplinary responsibility, etc... The work of the penal institutions as well as the execution of criminal sanctions is under the competence of the entity ministries of justice. Within these ministries, there are special departments fro execution of sentence led by the assistant ministers of justice.

Each penal institution has its own Rule Book on house (indoor) order, rulebook on internal organisation, rulebook on convicts' compensation for work. The manager of penal institution in question, in agreement with the competent Ministry of Justice, brings all these by-laws. The Rule Book on indoor order regulates the organisation of work and way of life of persons deprived of liberty. The Rule Book on internal organisation regulates the organisation and work of the security department, education department, health care, work of convicts, and general and common affairs. The Rule Book on compensation for the work regulates the issue of money compensation to convicts for their work.

The entity laws, as well as the Rule Books in existence in penal institutions are in compliance with the European Rules for Penal institutions.

According to the laws on execution of criminal sanctions in both entities, persons who are coming to serve the sentence, before they are distributed to the prison, as a rule, pass through reception department. The stay in the reception department depends on the duration of their prison sentence. If a person with up to one-year sentence is in question, a person shall stay in reception department up to 15 days; if sentences are longer than 1 year – a person shall stay in reception department up to 30 days. In the reception department, a convict registers with the registry book, personal card of a convict is established, and health condition is checked. During the stay in this department, a convict will be acquainted with the rules of indoor behaviour in a particular institution, with the rules and duties during the sentence, with the ways in which he/she can realise his/her rights and benefits, and with the disciplinary offences and punishments that can be pronounced for them. At the end of the stay in the reception department, a proposal of treatment of a person is established. The convicts who with their behaviour breach the law, the rules of indoor behaviour or who behave in contradiction to orders of officers of the institution, can be subject to milder or more severe sentences depending on the type of disciplinary offence. The milder sentences include: reprimand (blame), public reprimand, and reduction from salary if a convict is working, deprivation of benefits. The more severe sentences include: probation solitary cell, solitary cell, and measure of isolation (life in seclusion). The solitary cell can be pronounced for the period up to 20 days at the longest, while the isolation cannot last longer than three months without interruption.

During the monitoring, we saw that the most often used measure was a sentence of blame and deprivation of benefits – when milder sentences are in question, and solitary cell – when more severe sentences are in question. Solitary cell, as the most severe sentence was pronounced rarely and it was the most present in penal institutions in Banja Luka, Zenica, Tuzla and Foca/Srbinje. The department of penal institution Tomislavgrad in Busovaca does not have solitary cell, and during the monitoring of the penal institution in Bihac, the works on solitary cell building were in course.

The practice in the majority of penal institutions is to move the convicts who make severe disciplinary offence to other penal institution that has stricter disciplinary regime, such as penal institution in Zenica in the Federation of Bosnia and Herzegovina and penal institution in Foca/Srbinje in Republika Srpska.

The convicts have some rights too, the right to make correspondence (to receive and to send letters), to receive visits of the closest relatives and friends and to receive parcels. In several penal institutions there is provided a special room for the visit of a spouse (penal institutions in Foca/Srbinje, Sarajevo, Zenica and Tuzla). In all the institutions, except in the department of penal institution of Tomislavgrad in Busovaca, there are phone boxes at the disposal of convicts.

In addition, the convicts, on the basis of the length of already served sentence and good behaviour acquire some benefits which include: annual leave for the convicts who work (minimum 16 days), weekend, visit to city, and reward leave up to 7 days. These benefits are present in all the penal institutions in Bosnia and Herzegovina and are in the average used by 1/3 and ½ of convicts in each institution.

CONDITIONS IN PRISONS

The majority of the penal institutions is located in the old and worn out facilities. Thus, the penal institutions in Foca/Srbinje, Mostar, Sarajevo, Zenica, Tuzla are located in the facilities originating from the Austro-Hungarian monarchy. Several penal institutions are located in the facilities that were built and served for quite different purposes. Thus, the department of penal institution of Tomislavgrad in Busovaca is located in the ammunition warehouse of former Yugoslav Army. The District Prison in Bijeljina is located in the facilities that formerly served as warehouses and business premises of commercial firms.

Only the penal institutions in Banja Luka, Kula, District Prison in Doboj and penal institution in Bihac are located in facilities that were built for that purpose.

As a positive example, we would like to point out the conditions in the penal institution in Bihac. In the period from 1996 to the middle of 2001, a complete adaptation of sleeping rooms, toilets, bathrooms, sitting rooms) was made and the conditions for stay and accommodation of convicts are at the necessary level. Apart from the penal institution in Bihac, we would also like to mention the facility of the department of the penal institution in Sarajevo in Ustikolina that was built approximately two years ago. All the works have not yet been completed, but once completed, all the conditions necessary for stay of convicts will be met.

In Republika Srpska, the accommodation capacity is filled by 41,20% and in the Federation of BiH by 110,95%.

In penal institutions in Republika Srpska, convicts are accommodated in smaller (4 to 8 beds) and larger (10 to 15 beds) sleeping rooms. The sleeping and sitting rooms are heated through central heating system. The most difficult situation with the heating is in penal institution in Foca/Srbinje and in the District Prison in Bijeljina. In penal institution Foca/Srbinje only sitting room is heated and sleeping rooms not. In this penal institution each sitting room has a furnace on firewood and convicts take care of making fire and maintaining fire. In the District Prison in Bijeljina, the sleeping rooms are overloaded with beds, thus in one room of 12-13 square meters there are 5 double beds and in the rooms only larger for one or two square meters there are 8 double beds. For heating they use thermo-accumulation electric furnaces and oil electric furnaces. A danger of fire is large since the electric installations are very old and overburdened with high consumption of electricity. The sitting room is in extremely bad condition. The floor is covered by broken concrete while benches and desks are made of wooden boards. A very old thermo-accumulation heater heats this room. The accommodation conditions in other penal institutions in Republika Srpska (Banja Luka, Kula and District Prison in Doboj) are correct and all of them have sitting rooms with TV sets, radio set, chess and dominos. There are sitting rooms for smokers and non-smokers in the penal institution in Banja Luka and District Prison in Doboj.

The situation regarding the accommodation of convicts in penal institutions in the Federation of BiH is much more complex. As we already mentioned, the capacity is filled by 110%. The situation in penal institutions in Zenica and Tuzla is the most difficult. In the penal institution in Zenica, having the capacity of about 400 convicts, there are presently 620 convicts while in the penal institution Tuzla, whose capacity is 150 places, there are presently about 260 convicts. Thus in Zenica, in I pavilion (which is at the same time the largest facility) about 300 convicts are accommodated. Sleeping rooms are overcrowded with beds (in average 25 to 30 beds) and are connected with sitting rooms with TV set, benches and tables, chess. Due to lack of room, there are 11 beds in sitting rooms, mainly double beds, and the area of the sitting room is thus automatically reduced. The majority of convicts smoke and it is very smoky in the sitting room. Among the convicts there are two men who had throat operated and cannot speak without the aid, and one man who has difficulties with bronchi. They, because of such health conditions, must not spend their time at such conditions.

We would particularly like to stress the problem of accommodation in the pavilion IV where in one sleeping room there are in between 25 to 30 convicts with pronounced measure of compulsory psychiatric treatment and keeping. This pavilion is composed of two bigger and one smaller sleeping room.

In Tuzla, sleeping rooms are also overcrowded with beds. Number of beds per one sleeping room goes from 8 to 16. The sitting room is provisional and is located in the corridor along the sleeping rooms. There is a TV set in it. Smoking is forbidden in the sitting room, and separate small room is provided for that purpose.

In Mostar, there is also no typical sitting room but provisional one along the sleeping rooms.

In the department of penal institution of Tomislavgrad in Busovaca, which is accommodated in the storage of former Yugoslav Army, the sitting room does not have day light at all and a small 40x40 cm hole on the ceiling serves as ventilation in addition to one fan, which is not at all sufficient for ventilating the premises where about 30 convicts stay during the day, of whom the majority are smokers.

In penal institution in Sarajevo, sitting room, which is rather large, is used as dining room as well.

All the penal institutions in the Federation of BiH have the central heating system except the department of penal institution of Sarajevo in Ustikolina where the sleeping rooms are heated with firewood. They have planned to build central heating system.

We have already mentioned that some penal institutions have department for female convicts. In Republika Srpska, such departments exist in penal institution in Banja Luka, Kula and District Prison in Bijeljina, and in the Federation of BiH in penal institutions in Tuzla, Mostar and Bihac.

There are three-sentenced women-serving sentence in the penal institution in Banja Luka. They are accommodated in a separate department that is physically separated from the area in which male convicts are accommodated. The department for female convicts is composed of sleeping room with TV set, sitting room and toilet with shower cabin. The rooms in which female convicts are accommodated are in very good condition. They have at their disposal a public phone box that is located at the entrance of their department. After our visit to the penal institution in Banja Luka, all three female convicts were transferred to the penal institution in Kula, thus actually the female department was extinguished.

In the p in Kula, the sentenced women are accommodated in a big room with 12 beds. Thermo-accumulation heaters do the heating, since the facility with this department is not connected to the central heating system. Apart from the dining room, there is a sitting room with lack of space, with TV set, two bathrooms with one shower box each and washbasins. Boilers placed in the bathrooms heat the water; at the moment one boiler is out of order. Water closet and shower bath are in very bad condition, corroded and have to be changed. There are no radiators installed in the bathrooms, nor any other type of heating, and it presents a problem in wintertime.

In the District Prison in Bijeljina, the female convicts are accommodated in separate rooms within the administration building. There is a toilet within these rooms. At the time of our visit, only two female convicts were serving the sentence.

The female department in penal institution in Tuzla is detached by special entrance from other departments accommodating male convicts. It is composed of the ground floor and first floor with sleeping rooms. In the ground floor there is a sitting room with TV set. Attached to it, there is the area for hygiene. This area for hygiene is composed of two showers, four washbasins and one toilet. There is also a washing machine the female convicts can use. The female convicts wear their own clothes. When speaking about sitting room, it consists of two rooms connected by doors and it has two purposes. Namely, one room is transferred to sleeping room when foreign female citizens are taken in, mainly after the raids conducted in nightclubs. Their stay in the penal institution does not last longer than a month. There is a workshop in the ground floor where sentenced women do knitting, crochet-work, embroidering and sewing. One retired teacher works with them as an instructor. The works are displayed in the penal institution and some of them sold. The sentenced women are engaged in the work in kitchen and in an open type restaurant where 5 cooks, instructors, work with them. On the first floor, there are three sleeping rooms with 12 to 15 beds in each. The corridor is used as sitting room, and it has tables and chairs and TV set. There is also a hygiene room with two showers and two toilets. Presently, the female department accommodates 36 convicts, out of whom six are sentenced for offence.

The department for female convicts in the penal institution in Bihac is composed of two smaller sleeping rooms with TV sets and detached toilets and shower. This department is physically detached from the male convicts department. At the time of our visit, there were no female convicts in this department.

In the penal institution in Mostar, there is also one bigger room with detached bathroom and toilet for sentenced women. At the time of our visit, there were two female convicts in this department. There is a central heating in this room.

In the Federation of BiH, the under age convicts are accommodated in a separate, V pavilion, in the penal institution in Zenica. This pavilion was adapted and moved into in 2001. In one part of the pavilion, there are under age convicts and convicts up to 23 years of age, while in other part there are accommodated older, exemplary convicts. The minor convicts are accommodated in the sleeping rooms with two or one bed. In each sleeping room there is a completely new toilet. In the majority of sleeping rooms there are TV sets. In the ground floor where the minors are accommodated, there are two sitting rooms with TV sets and satellite receivers. One sitting room is for the smokers and another for non-smokers. In the complex of V pavilion, there is a dining room and several study-rooms.

In the majority of the penal institutions, the convicts wear their own clothes. Only in the penal institution in Zenica, District Prison in Bijeljina and in penal institution in Kula, the convicts wear prison uniforms. In the District Prison in Bijeljina, the convicts wear old baize uniforms that this penal institution received from the Army of RS. The convicts complain of the uniforms that are in very bad condition, dirty and with odour (probably after being in storage for long time) and that it is very difficult to wear them. Each penal institution has its own washing place where the convicts can wash their clothes. In all the penal institutions, bathing is compulsory at least once a week, while those convicts who work have the right to bath whenever they need. Bed linen is changed every 7 to 15 days, depending on the season. Namely, in summer, it is changed every 7 days and in winter every 15 days.

Conditions for maintenance of convicts’ personal hygiene (toilets and bathrooms) differ from one institution to another. The best situation is in the penal institution in Bihac where the toilets and bathrooms were completely adapted and correspond to the standards.

In the penal institution in Mostar, the toilets and bathrooms are not in the best condition. The basins made of concrete above which the convicts wash themselves are damaged and there are no tabs, but instead there are ball (gas) valves.

The toilet in the solitary cell in the penal institution in Sarajevo does not have water tank, thus the convicts have to flush the toilet manually, with watering can.

In the department of the penal institution of Tomislavgrad in Busovaca, the convicts have at their disposal only one toilet (in good condition) with two toilet bowls and one shower box. We deem that this toilet, as well as shower box is not sufficient for everyday needs of about 30 convicts. In addition, we would like to mention as a special problem the water supply in the institution. It happens that there is no water for several days and the institution has to use water tanks, which is not sufficient for maintenance of necessary level of hygiene.

In the penal institution in Tuzla, the area for maintenance of hygiene need adaptation, primarily basin and tabs, instead of which ball valves are used. The bathroom is also in bad condition. It is placed in the basement and has 10 showers, and in some parts of the ceiling, mortar fell off. The toilet in the solitary cell is very old and obsolete and its urgent adaptation is needed.

The situation with toilets and bathrooms in the penal institution in Zenica is very bad. Several of them were adapted, however, it is not enough in respect to the number of convicts using them. Toilets, sinks and tabs are obsolete and their change is urgently needed.

We recorded similar problems in the penal institutions in Republika Srpska. The most critical situation is in the District prison in Bijeljina and the penal institution in Foca/Srbinje.

In the District Prison in Bijeljina, the bathroom is placed in a very small, old room with six showers. Toilets are in extremely bad condition, old and odour is spreading along the corridor. Water-pipe installations are obsolete. In the department in which the convicts are accommodated there are two toilets with four toilet bowls used by 90 persons, and it can be a potential source of infections. This institution has only one solitary cell in which the toilet is not in order since it does not have water tank.

The situation is similar in the penal institution in Foca/Srbinje, where toilets as well as water-pipe installations need urgent and thorough repair.

In the penal institution in Banja Luka, sanitation places as well as places for maintenance of hygiene are also in bad condition, primarily because of bad and worn out water-pipe installations. The water from cracked pipes flows down the walls and creates humidity. Urgent adaptation is needed of sanitation places and bathrooms, including tabs, sinks and showers.

The District Prison in Doboj has similar problems. Water-pipe installations are obsolete and damaged, and several sanitation places were choked and stink is spreading around, which is unacceptable since the sleeping rooms are in their immediate vicinity.

Rooms for maintenance of hygiene in the penal institution in Kula have been partly adapted recently. New tubs are built, new taps and mirrors fixed. The problem is with the old, obsolete and corroded toilets. The room for maintenance of hygiene where sinks and taps should have been placed, there are only two sets (sink and tap, which is in fact ball valve), although there are installations for at least four sets.

As for the health protection, the penal institutions in Zenica, Tuzla and Sarajevo have full time physicians, while in other penal institutions physicians come on certain days in a week and make check-ups of convicts. Each penal institution has its own first-aid stations for primary check-ups and for rendering first aid. For all more complex check-ups and treatments, the convicts are sent to local health care institutions. We want to mention that during our visit we noticed that not all of them have first-aid station. Although in some penal institutions there is space determined for first-aid station, they are not in operation. Such spaces are usually used as storage rooms for unused furniture or for equipment.

The penal institution in Kula has its first-aid station with full time medical technician and two doctors (internist and neuropsychiatrist) on the contract basis. The first-aid station has its mini pharmacy, well supplied. There is also a dental station with one technician working in it. The services of check-ups and extraction are being offered at the dental station while all other services, as repairs of teeth, are to be done outside the penal institution to the cost of a convict. The convicts complain mainly of neurosis and high blood pressure. There are not registered the cases of TBC or AID. One convict is a drug-addict and he receives the adequate therapy. The female convicts are medically examined in the hospital in Kasindol. Although there is a room intended for the needs of a station, it is not used. The best-equipped medical station in the penal institutions in Republika Srpska is the first-aid station in the penal institution in Banja Luka. It has mini pharmacy (supplied very well), dental station, blood test unit and infirmary. In the first-aid station, two full time medical technicians are employed and two doctors on the contract on work basis, such as: one general practitioner doctor coming every day for two hours and one dentist. The dental station is also very well equipped and got new dental chair. The blood test lab is recently equipped but there is a problem of staff to work in it. Presently, there is no one working in this lab. The infirmary consists of three rooms (single bedroom, double bedroom and room with three beds). According to the medical technician in the penal institution there are no cases of TBC or AIDS.

The District Prison in Doboj has a first-aid station and very poorly supplied mini pharmacy. There is one full-time medical technician, and a doctor who comes twice a week to the station to make check-ups (on the basis of the contract on work). In addition to the first-aid station there is infirmary with several beds. Among the convicts, most frequently present are heart diseases (with older people), various forms of neurosis (with younger convicts). Recently, there was one HIV positive convict who was released in the meantime. In the infirmary, there is one convict who undergoes dialysis in Doboj three times a week. The convicts complain of the work of the infirmary because, according to them, chronically ill patients occupy the premises (of very small capacity), thus the temporary ill patients cannot stay in them. On the other hand, the fact that the sleeping rooms are locked during the day (except for the period from 3 to 5 p.m., during the afternoon rest) makes the situation worse, and these persons have no place to stay except on the bench within the penal institution circle or in sitting room.

In the penal institution in Foca/Srbinje there is a first-aid station with pharmacy. One doctor comes to the station every day, on the basis of the contract on work, and there are two medical technicians who work from 7 a.m. to 7 p.m. after which time one of them stays overnight. The convicts complain most frequently of rheumatic discomfort. The station receives 6 to 10 convicts a day. More seriously ill patients are treated at the city hospital in Foca. The infirmary in the penal institution is not in function although there is a room foreseen for it. A dentist comes once a week and performs check ups and interventions. If there is a need for more serious treatment, a convict goes to the hospital in Foca/Srbinje.

In the first-aid station in the District Prison in Bijeljina, there is one full-time medical technical engaged and one doctor on the contract basis. The convicts complain of neurosis and headaches most frequently. Presently, there is one convict suffering from asthma. He is receiving medicaments and necessary medical treatment. There were no cases of tuberculosis and AIDS. There is no infirmary at all and the ill persons stay in their beds in sleeping rooms, more serious cases go to the hospital. Twenty days ago, one convict broke his leg during the work and presently is using crutches. He is staying together with other convicts. Dental services are provided in the city, with previous announcement with medical technician.

The penal institution in Tuzla has a first-aid station with mini pharmacy, and with area for infirmary, which is not in function. It serves as storage at the moment. One full-time doctor and three medical technicians are employed in the first-aid station. There are psychiatrist and internist engaged on the contract basis. Dental services are provided in the city, also on the basis of the contract with the penal institution. There are no cases of AIDS. As for TBC, one convict is presently being checked up in the hospital. The management of the penal institution stressed the problem of debts toward the Clinical Centre in Tuzla. The amount of 100,000 KM for rendered health services is in question.

The penal institution in Sarajevo has a first-aid station with two medical technicians and one doctor. The station is well equipped with medicaments. The convicts complain of various forms of neurosis, gastric ulcer, and heart diseases. There are some drug-addicts among the convicts who need everyday health protection. So far, there are no registered cases of AIDS or TBC. All more serious cases that need specialists’ examination and check ups are made at the city hospital. Convicts who need temporary rest due to illness are placed in a special room serving as infirmary. Within the first-aid station there is a dental office with one full-time dentist. The dental office is regularly supplied with necessary medical materials.

The department of the penal institution of Sarajevo in Ustikolina does not have first-aid station, but a doctor from Sarajevo goes there once a month to do the check-ups. Urgent cases are treated in the medical unit in Ustikolina or in the hospital in Gorazde. Dental interventions are done in the dental office in Ustikolina.

The penal institution in Bihac has full-time medical technicians and one doctor on the contract basis. The station has a mini pharmacy with a number of medicaments necessary for primary health protection. Apart from the station, there is an infirmary with five beds. In case of more serious illness the convicts are sent to the city hospital. There were not recorded cases of TBC or AIDS. The convicts mostly complain of headaches and rheumatism (mainly elderly convicts). Dental services are provided in the dental office in the city, and all the costs are borne by the penal institution in Bihac.

The department of the penal institution of Tomislavgrad in Busovaca has a mini station with full-time employed medical technician. A doctor is engaged on the basis of the contract and comes once a week (on Thursday), and extraordinary in case of urgency. The station has a mini pharmacy. There is no infirmary at all. There were no registered cases of tuberculosis, AIDS or any other infectious disease. The convicts suffer from various types of neurosis, insomnia and headaches. Specialist examinations as well as all the necessary interventions are done in the medical unit in Busovaca, as well as in the hospitals in Nova Bila and Zenica. Dental services are rendered in dental office in Busovaca.

The penal institution in Zenica has a first-aid station, X-ray, dental office and infirmary. Mini pharmacy is located outside the penal institution for safety reasons. There are two doctors full time employed in the penal institution station (neuropsychiatrists), two medical technicians (college education) and ten medical technicians (high school education). In addition, there are specialists doctors engaged on the contract basis, who come once to twice a week and perform medical specialist examinations. Convicts who need hospital treatment are sent to the hospitals in Travnik and Tesanj. Since there are convicts from the so-called risk groups (drug addicts and homosexuals), AIDS tests are made occasionally. The last such test was made in March this year and there were no positive results. So far, there was one case of AIDS of a convict who dies in 1994. In average, there are two to three cases of tuberculosis in a year. Several convicts suffer from asthma and diabetes, and there are many elder convicts who suffer from high blood pressure.

The first-aid station in the penal institution in Mostar employs two medical technicians, and three doctors on the contract basis. Namely, each doctor is on duty two days in a week and during the night for urgent cases. The station offers primary health protection but for all more complex medical services a patient is sent to the city hospital. The station has its own mini pharmacy. The majority of convicts suffer from psychical disturbances. There is also one convicts with heart disease, who suffered two strokes. There is a room foreseen fro infirmary but it is not in function so that patients who must be still are lying in their beds. There is no dental office within the penal institution in Mostar, but a dentist comes occasionally, and all the interventions are made in the dental office in the city.

RESOCIALIZATION

In all the penal institutions the convicts are given the opportunity to be engaged in work. The only difference is the difference in the capacity of individual penal institutions in which the convicts can realise that opportunity. The department of penal institution of Tomislavgrad in Busovaca is the only one that does not possess the economy unit where the convicts can be engaged in work. When speaking of the work engagement of the convicts we can say that they are mainly engaged in production of agricultural products and in cattle breeding. Some penal institutions have catering facilities (open-type restaurants) while some of them have established handicraft trades (sectors) such as: saw mill, carpentry, locksmiths, bakery, etc. The convicts, through the work in such handicrafts are being educated for certain vocations that will be help them easier to include into social community after completion of sentence. In average, in between 1/3 and 1/2 of the convicts are engaged in work, which also depends on working capacities of the institution in question.

The penal institution in Banja Luka has a sawmill, joiner’s trade and locksmith’s shop. There is a qualified artisan professionally engaged in each of them who trains the convicts as assistant staff. There is also a mini bakery in which several convicts work together with professional baker. They produce bread and rolls and biscuits for the needs of the penal institution. We should also mention here that the penal institution has leased a part of its premises to a private firm for packing of kitchen sponges that has engaged several convicts.

Within the District Prison in Doboj, there is one farm-working unit in Spreca. It is the unit of an open type, with 9 convicts in it all the time while others come when necessary. In this unit, there is a joiner’s trade and pig breeding. The administration of the prison is trying to launch new production, like chicken breeding and broilers, which will provide additional financial means for this new institution.

Within the District Prison in Bijeljina, there is a farm called “3. maj” that comprises pig breeding and agriculture and restaurant of open type “Drina”. These two units employ 16 convicts on a daily basis. Within the prison there is one small mini workshop for minor repairs on cars and machines. The sentenced women are also engaged in work, but mainly as coffee cooks and cleaning ladies in the administration building. Namely, they claim that they are very often engaged in work for 12 hours per day, and instead of being compensated for overtime, they get free weekend as award.

The penal institution in Kula has an economic unit “Privrednik” in the framework of which there is a restaurant “Kula”. In this unit, the convicts are also engaged in agriculture, production of eggs, pig-breeding. A big part of food for the penal institution kitchen is produced in this unit. About 25 convicts are employed in it every day. In the framework of this penal institution there is also a metal processing plant and the unit for construction works.

In the penal institution Foca/Srbinje there is an economic unit “Drina”. There is a section of the furniture factory within this economic unit. In addition to this section, there is a section outside the penal institution complex, along the river of Cehotina, and milk, meat and eggs are produced there. About 50 convicts are employed in this unit. The penal institution also has an open type restaurant “Drina”, as well as an open type motel “Brioni”. Apart from these activities, services (building works) are also offered. The convicts perform these services on the basis of the contracts made between the penal institutions and ordering party.

A situation is somewhat different in respect to the work engagement in the penal institutions in the Federation of BiH.

Namely, as we already mentioned, the department of the penal institution of Tomislavgrad in Busovaca does not have any capacities in which the convicts can be engaged.

On the other hand, the penal institution in Bihac has at its disposal one economic unit “Kvalitet” which is composed of one piece of land with orchard, suitable for vegetables planting, but there is no interest among the convicts for any work, consequently this economic unit is not presently in function.

The penal institution “Mostar” has an economic unit “Bare”, located outside this institution. In this unit, the convicts are engaged in agriculture, pig breeding, chicken and turkey. In between 10 to 15 convicts are engaged in the work in “Bare” every day.

In the department of the penal institution of Sarajevo in Ustikolina, convicts are engaged in small-scale economy. They plan vegetables for the needs of this institution.

The penal institution in Sarajevo has its department on Igman Mountain with the economic unit for agricultural production. In addition, the convicts are engaged in construction works (construction of captures, and other works for the needs of the department on Igman).

The penal institution in Tuzla has at its disposal an open type restaurant with 12 to 15 convicts engaged in it daily, as well as an economic unit located in Kozlovac (in the vicinity of Tuzla) where 40 to 45 convicts are engaged. In this unit, the convicts are engaged in cattle breeding, husbandry and fruit growing. Apart from this, there are joiner’s, locksmith’s and car shops, engaging about 15 convicts.

The convicts in the penal institution in Zenica are engaged in the economic unit “Novi zivot”, within which there is a foundry and agricultural unit. The yield in vegetables in very good and it satisfies the need of the penal institution. About 250 convicts are engaged daily in the economic unit, in the works within the penal institution (bakery, kitchen, maintenance of the premises, internal restaurant, sewing workshop where prison uniforms and bed linen are made). The administration stresses that there is great interest among the convicts in being engaged in work, but it is not possible due to lack of manufacturing capacities.

The compensation rate for convicts engaged in work in the territory of the Federation of BiH depend on the type of job, quantity, quality of work, length of working hours and it goes from one fourth to one half of the average salary on the same or similar jobs in the enterprises. The compensation for work of convicts in the RS is 20% of the average personal income in that entity. Money the convicts earn is deposited on their transfer accounts through which they can buy what they need during their stay in penal institution. When they finish serving the sentence the balance amount is given to them in cash.

All the penal institutions, pursuant to their possibilities and area at their disposal, are obliged to provide conditions in which the convicts can satisfy their cultural, religious, sport and other needs. These conditions are not equally met in all the penal institutions of this kind in the territory of Bosnia and Herzegovina.

The penal institution in Zenica has a circle within which there are sports terrains for basketball, football, mini terrains, table for table tennis. Within the penal institution there is a cinema of the capacity of 250 seats, with projections of films each 15 days. There is also established internal television network broadcasting video films, as well as radio through which information for convicts are broadcast apart from the programmes. Each room in the penal institution has its loudspeaker for listening to the internal radio programme. There is also a library with 7,000 titles in which there is a rather large interest among the convicts. Two rooms were adapted in which the convicts can exercise their religious needs, one mesjid and one chapel that can be, when necessary, transformed for orthodox religion convicts. There are also several sections in the penal institution, such as tapestry, art (pictures are sold and from money earned reproduction materials are bought), print, computer and the school of foreign languages. There are phone boxes fixed in the pavilions number 1 and 5 and one in the outside pavilion that the convicts can use without any limitations. Within the penal institution, there is a primary school and a high metal school in which the convicts, particularly younger ones, can be educated and trained in some trades (tinsmith’s, locksmith’s, etc.). The professors and teachers from civilian schools give lectures in several classrooms within the penal institution. At the moment, there are about ten pupils – convicts in each classroom. Certificates that convicts receive at the end of education are valid and are the same as other certificates from civil schools. So far, four generations of convicts got education.

The penal institution in Tuzla has a very small area of walking of convicts, with a basket in one corner of the walking area, and mini exercise room. There is one public phone box inside the circle for the convicts. Due to the lack of sport terrain, the convicts are given two terms a week on the terrain outside the penal institution. The convicts go for recreation with the tutor if the number is less than 30, if they are in larger groups, then, the guards accompany them as well. So far, there were no excesses recorded. There are also organised collective visits to the sports events) basketball, football matches), sometimes to theatre. These events are mainly visited by male convicts, since the female are not interested in such activities. The convicts who are interested in acquiring additional education are allowed to attend certain trade classes, primarily for cook and waiter. Namely, during the work in the prison kitchen, they are being trained for these vocations. At the end of the training, they have to pass exams, thus acquiring certain vocation. The penal institution has a library with few out-dated books. There are mainly the books with Marxist contents. The library is displaced because of the lack of accommodation capacities and has been transformed into a sleeping room. New room for the library is 10 square meters large and it is located immediately near the dining room. Within the female department, there are sections for knitting, crochet, embroidery works.

The penal institution in Sarajevo has a similar problem with the circle for walking. That circle is very small and in its one part there is a provisional small football terrain, baskets are fixed and there is a mini exercise terrain. Within the circle, there is one phone box that can be used by convicts without any limitations. In one part of the canteen there is a library with about 4,000 books (fiction, classical literature, international conventions, European Rules for Prisons, religious books). Within the penal institution, there are several sections in which the convicts are actively engaged: ZOO section (pigeons and fish) model making section and sports section (weight-lifting).

In the penal institution there are three separated areas foreseen for practicing the religion. The chapel and mesjid for the convicts of Catholic and Muslim religion are in function while the one for the convicts of Orthodox religion is still in the preparation. The administration has complained of the representative of the Orthodox Church of not being interested in equipping and commissioning the chapel. Namely, their representative appeared only once. The convicts are not very much interested in exercising their religious needs. Occasionally, at the time of religious holidays, priest and hodja come to visit the convicts.

There is neither sports terrain nor any section in the department of the penal institution of Sarajevo in Ustikolina. This department has a walking circle, with one phone box used by the convicts without any limitations.

Within the complex of penal institution in Mostar there is no sports terrain, but only prison circle with benches where the convicts can walk. The penal institution has a room for practicing the religion, but only for the convicts of the Catholic religion. According to the manager, this room can be transformed for practicing other religions as well, but the interest of convicts for exercising the religions is not specially expressed. There is also an exercise room with certain equipment; however, presently the room is full of parts of furniture and temporary out of use. We should also mention that there exists a library with about 300 books, but the convicts are not interested in them very much. The convicts can use one public phone box that is installed in the corridor leading to the sleeping rooms.

The penal institution in Bihac has sports terrain for football and basketball. There is also nicely made walking circle, with benches and a little house for preparation of coffee for the convicts, and with bigger table with several chairs. There is also a table for table tennis, as well as a public phone box that can be used without any limitations. There is a very small library with only about 400 books. It is located in one part of the sitting room. The interest in reading is very little.

The department of the penal institution of Tomislavgrad in Busovaca has a walking circle, one sports terrain that has not been completely finished (it is necessary to draw lines along the terrain, to fix baskets and goals). There is no public phone box within the circle. The convicts can use the phone placed in the tutor’s office with previous announcement. There is no library, but daily newspapers are provided for the convicts. The convicts complain of receiving the papers only in the afternoon hours, about 4 p.m., sometimes even later. Because of the lack of the rooms, the penal institution cannot provide a special room for practicing the religion. Priest and Hodge come occasionally, mainly at the time of religious holidays.

The District Prison in Doboj does not have sports terrain, but a circle with benches where the convicts can walk. There is a library with very modest number of books, borrowed very seldom since simply there is no interest of convicts in books. In the last year, a prison newspaper was launched with the aim to involve the convicts more actively in its production. However, the response was extremely bad – none wanted to engage in it. The penal institution has provided one room for practicing the religion, but response is very poor. There is no public phone box installed.

The penal institution in Banja Luka has a walking circle, with benches for sitting, terrains for recreation, and two public phone boxes. There are two rooms with painting and carving sections. One of these two rooms is used for practicing the religion, although the interest in it is poor. The convicts are provided with the local daily newspapers. They have also a library with about 2,000 books. About 20 to 30 books are being borrowed weekly. It has been recently registered that the convicts destroy books.

A walking circle in the penal institution in Bijeljina is very small, with several benches for sitting. In a corner, there is one bench for weight lifting and several weights. There is also one public phone box within the circle. There is no sports terrain. There is no library, nor any room for practicing the religion and the dining room is used for that purpose, when necessary.

In the penal institution in Kula, there is a large circle for walking, sports terrains for football, basketball and volleyball. A public phone box is placed in the entrance hall leading to the sleeping rooms and it can be used without any limitations. There is also a cinema hall where projections of films are organised, as well as a library with about 1,500 old books, mainly Marxist literature.

The complex of the penal institution in Foca/Srbinje has sports terrain, library with about 5,000 books, cinema hall with about 500 seats (in function only when it is warm weather – there is no heating), and rooms for practicing religion. There is also installed a public phone box used by the convicts without any limitations.

BEHAVIOUR OF THE CONVICTS

According to the evidence of the penal institutions, there are 129 convicts in runaway. Out of that number, 91 convicts ran away from the penal institutions in Republika Srpska and 38 from the Federation of Bosnia and Herzegovina. In the majority of cases, they ran away during the weekend, leave or from the work places.

There were registered attempts of bringing into drugs and alcohol in several penal institutions (Tuzla, Mostar, Sarajevo, Zenica, Foca/Srbinje, Kula, Banja Luka). There are various manners of bringing drugs into prison. Prison guards and security officers perform more or less successful control, but the drugs are somehow being taken in. Unfortunately, the penal institutions do not possess adequate equipment for complete and full control. According to the administration staff, narcotics are found very rarely with the convicts within the facility, but it can be concluded that they used them according to their behaviour. It is mainly so-called light drug – marijuana. The use of alcohol is widely spread, particularly with those convicts who go out of the prison complex for work, i.e. those who work in the prison restaurant. The use of alcohol is particularly present with convicts who are coming back from leave. In all the cases, when it is discovered that a convict consumed drug or alcohol, appropriate sanctions are applied.

The cases of homosexualism are recorded in the penal institution in Zenica. Since this is something that the convicts unwillingly speak of, it is difficult to establish a real state relating to this issue. Persons in charge of the penal institutions are also reluctant in speaking about this issue.

The sentenced persons express their discontent with the stay in prison in different ways. Most frequently, it is manifested by hunger strike, self-injuries and several times there were open riots. Thus, in the penal institution in Mostar there were several individual hunger strikes that lasted two to three days, and the reason for which was the discontent with pronounced sentence. In the penal institution in Banja Luka, several detained persons injured themselves to express their discontent with the investigation procedure.

There were registered several riots in the penal institution in Foca/Srbinje and Zenica where the convicts climbed the prison roof to express their discontent with inadequate and bad accommodation conditions, bad quality of food, and lack of pardon and amnesty.

In our discussion with the managers of the penal institutions we got to know that the convicts who are to serve long sentences, particularly those ones who are transferred from one penal institution to another, create the biggest problems. Having been transferred to new penal institution, such convicts are in various ways trying to become leaders in their groups, thus creating series of problems among the convicts and prison guards.

CONCLUSION

The administration management and staff in the penal institutions are to a satisfactory measure acquainted with the international standards regulating the treatment of sentenced persons. Apart from this, regular visits of the IPTF members (International Police Forces) contribute to better respect for regulations and rights of prisoners.

Generally, treatment of the convicts by the prison guards and administration in all the penal institutions in BiH is within the limits of correct treatment. We have not recorded any case of drastic inhumane treatment of prisoners. The convicts complain utmost of very bad accommodation conditions, invariable and bad quality of food and lack of pardon and amnesty.

The situation with the accommodation capacity is extremely bad. The majority of the penal institutions do not meet minimum conditions needed for accommodation of the convicts. Buildings are in very bad condition (worn out walls, roofs, windows, installations…) and they need urgent and thorough adaptation. Water pipe installations are special problem, broken very often and some of toilets and washbasins become unusable.

The lack of space is not less problem. It is particularly expressed in the penal institutions in the Federation of Bosnia and Herzegovina, the capacities of which are 110% full. Due to lack of room, in the majority of penal institutions, the convicts serving long sentences are accommodated together with the so-called “offence” convicts, i.e. persons sentenced to shorter-term sentences as well as together with the younger convicts, which is not in accordance with the rules on accommodation of convicts.

We deem that the issue of the lack of room will, very soon, become the most important since the inflow of convicts is increasing every day while the accommodation capacities remain the same.

All the penal institutions in Bosnia and Herzegovina are in extremely difficult financial situation. The reason for it is insufficient money they get from the entity ministries of justice as well as great claims from the district courts i.e. cantons. Such bad situation prevents from any investing aimed at improvement of accommodation conditions in these institutions. It is extremely difficult for the administration management to ensure normal work and functioning. In some penal institutions there is open fear that, if such difficult situation continues, it will be impossible to provide regular and sufficient meals for the convicts. Such bad financial situation caused great debts by penal institutions towards local health care centres, this bringing into question the protection of convicts. Although, there were no registered epidemics, nor significant number of AIDS and TBC suffering patients, it is realistic to expect such diseases if conditions in prisons are not improved and money provided.

The equipment used by security staff for communications, for safeguarding the facility and for control of the convicts is very obsolete and insufficient. The prison guards do not have any modern technical means for discovering narcotics, which is worrying since the narcotics are more and more present in the prisons.

PROPOSALS

1. In view of the great disproportion in the occupancy rate in the penal institutions in the Federation of BiH and RS, we urge the entity authorities to launch initiative, together with competent ministries, on the joint use of accommodation capacities, i.e. penal institutions throughout Bosnia and Herzegovina.

2. The entity ministries of justice should exert additional pressure over the district courts, i.e. cantons, to settle the debts towards penal institutions in order to improve their financial situation and ensure normal work and functioning.

3. The entity ministries of justice should make plan of adaptation and enlargement of the capacities of the penal institutions according to priority, and to provide corresponding financial means for that purpose.

4. The government of the Federation of BiH, in co-operation with the Ministry of Justice of the Federation of BiH, should engage in finding financial means necessary for construction of health institution for accommodation and keeping the persons who are to undergo psychiatric treatment, since the existing one in the penal institution in Zenica does not meet the minimum conditions.

5. We recommend the government of the F BiH to engage, together with the Ministry of Justice of the Federation of BiH, in providing conditions for the beginning of the work of penal institution for women and under-age women in Ljubuski.

6. We recommend the government of RS to engage in providing the financial means necessary for functioning of some facilities in penal institutions in Foca/Srbinje, Kula – Srpsko Sarajevo and facilities in Golo Brdo that are in the framework of the District Prison in Bijeljina, in order to enlarg and improve the accommodation capacities in these institutions.

7. The entity ministries of justice should provide to the penal institutions more modern communication means, means for surveillance, control and safeguarding of the facilities as well as technical means for discovery of drugs.

8. We ask from the penal institutions to find out new possibilities to engage the convicts in labour that would be of importance both for their additional vocational training and resocialisation and for improvement of conditions in penal institutions.

No.: 01A-01/2002

▲ To the top