06/19/2009 OHR Brcko

Supervisor welcomes adoption of measures imposing mandatory custody for violent offences

Supervisor of Brcko, Dr. Raffi Gregorian welcomes and applauds the District Assembly’s unanimous adoption on June 10, 2009 of amendments to the District Criminal Procedure Code that require mandatory custody for violent offenders convicted in the first instance.  The amendments, published in the Brcko District Official Gazette of BiH No. 17/09 and which will soon enter into force, help close a gap that allowed violent criminals to remain free even after conviction in the first instance. The issue was most dramatically highlighted when Brcko police officer Nasvet Colic was shot several times by a hardened criminal who was free pending appeal.  The Supervisor called for rapid action to prevent such occurrences in the future.

The Supervisor strongly supported the Brcko District Judicial Commission and Assembly Legislative Committee for their initiative to amend Article 138 of the Law on Criminal Procedure of Brcko District. The new provision requires all individuals sentenced to five years or more to be held in custody, while providing an opportunity for the Courts to decide whether to order custody for those sentenced to less than five years.  

The Supervisor commended District councilors for so promptly adopting the necessary provisions.

            “Once again the District is leading the rest of BiH in terms of effective and meaningful reforms.  This unique amendment in BiH is a great move toward furthering the Rule of Law as well as making the District safer for all residents,” said the Supervisor.  “Convicted violent offenders will no longer be able to flee justice or harm people.  As this problem exists throughout BiH, I hope the entities and state parliaments will consider adopting similar provisions in their jurisdictions,” he concluded.