CCPR/C/BIH/CO/2
provides that persons suspected of criminal offences can be placed in pretrial detention if
the alleged offence is punishable by a prison sentence exceeding 10 years, solely on the
ground that the judge finds that reasons of public security or security of property warrant
such detention, remains on the statute book (art. 9).
The Committee reiterates its previous concluding observation (CCPR/C/BIH/CO/1,
para. 18) and recommends that the State party should consider removing from the
Code of Criminal Procedure of the State party the ill-defined concept of public
security or security of property as a ground for ordering pretrial detention of
individuals that are considered a threat to public security or property.
16.
The Committee recalls its previous observations (CCPR/C/BIH/CO/1, paras. 20 and
21) and remains concerned that a considerable number of refugees, returnees and internally
displaced persons have still not been resettled and continue to reside in collective centres
(art. 12)
The Committee reiterates its previous recommendations (CCPR/C/BIH/CO/1, paras.
20 and 21) and recommends that the State party should expedite efforts for the
resettlement and return of refugees, returnees and internally displaced persons in
order to complete the phasing-out of collective centres. In this regard, the State party
should continue to take practical measures aimed at providing adequate alternative
housing to the residents of collective centres and the creation of the necessary
conditions for sustainable returns and resettlement.
17.
The Committee recalls its previous observations (CCPR/C/BIH/CO/1, para. 22) and
notes with concern the challenges in the registration of births and the provision of birth
certificates, particularly for the Roma, which affect their access to health insurance, social
security, education and other basic rights (arts. 16 and 24).
The Committee reiterates its previous concluding observations (CCPR/C/BIH/CO/1,
para. 22) and recommends that the State party should increase its efforts to improve
birth registration and the provision of birth certificates, particularly among the
Roma, through appropriate interventions such as awareness-raising programmes
aimed at changing mindsets regarding the need to register births or obtain birth
certificates.
18.
The Committee regrets reports and the admission by the State party that the
Communications Regulatory Authority, which is, inter alia, mandated to investigate
improper conduct in the media and hate speech cases, is not independent, as it is subjected
to economic and political pressure (art. 19).
The Committee recalls its general comment No. 34 (2011) on freedoms of opinion and
expression and urges the State party to ensure that the Communications Regulatory
Authority’s independence is fully respected. The State party should, therefore, desist
from any acts of influence over the conduct of affairs by the Communication
Regulatory Authority to ensure that it undertakes its mandate independent of any
external influence from any person or body.
19.
The Committee is concerned at reports of restrictions on freedoms of expression and
assembly in Prijedor town, where the Mayor on 9 May 2012 prohibited public
commemorations for the twentieth anniversary of mass atrocities which had been organized
by local non-governmental organizations. The Committee is concerned at reports that
public announcements were made that any failure to comply with the prohibition and the
use of the term “genocide” when referring to the crimes committee in Omarska would be
prosecuted (arts. 19 and 21).
The State party should ensure that restrictions on freedoms of expression and
assembly comply with the strict requirements of articles 19 and 21 of the Covenant
respectively. In this regard, the State party should conduct investigations regarding
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