The Human Rights Ombudsman of Bosnia and Herzegovina was established in the Dayton Peace Agreement 1995 and defined in the Law on the Human Rights Ombudsman of Bosnia and Herzegovina from 2001.
The Human Rights Ombudsman of Bosnia and Herzegovina is an independent institution set up in order to promote good governance and the rule of law and to protect the rights and liberties of natural and legal persons, as enshrined in particular in the Constitution of Bosnia and Herzegovina, monitoring to this end the activity of the institutions of Bosnia and Herzegovina, its entities, and the District of Brčko.
The ombudsman institution in Bosnia and Herzegovina consists of three Ombudsmen appointed by the House of Representatives of Bosnia and Herzegovina and by the House of Peoples of Bosnia and Herzegovina by a two-thirds majority of each House, following a joint proposal by the Presidency of Bosnia and Herzegovina.
Any natural or legal person may complain to the Ombudsman without any restriction. All the work of the Ombudsman is free of charge and does not require the assistance of counsel or a solicitor. Complaining to the Ombudsman or the Ombudsman’s intervention shall not entail for the complainant any criminal, disciplinary or other sanction or any disadvantage or discrimination whatsoever.
Correspondence addressed to the Ombudsman from places where individuals are held in detention, in imprisonment or in custody may not be subject to any kind of censorship whatsoever, nor may such correspondence be opened. Conversations between a complainant and the Ombudsman or persons delegated by the Ombudsman may never be monitored or interfered with.
A complaint must normally be written on plain paper and signed, stating the grounds for the complaint. The Ombudsman may refuse to pursue inter alia anonymous complaints and complaints which he considers to have been made in bad faith or are ill founded or are lodged with him more than 12 months after the facts, events or decisions complained of. When the Ombudsman otherwise finds grounds not to pursue a complaint, he may refer the case to an appropriate Entity Ombudsman or else inform the complainant of the most appropriate means of taking action, if any exist, leaving it to the complainant to use those which he or she considers most suitable.
When the Ombudsman finds sufficient grounds for an investigation, he will inform the government body and the officials concerned and request a written statement within a time-limit. The Ombudsman may check the veracity of the elements submitted and hold hearings with the officials involved in order to obtain further information.
All government bodies are obliged to provide the Ombudsman with preferential assistance. The Ombudsman may demand at any time any document he deems necessary for an investigation, including those classified as confidential or secret in accordance with law. He may present himself at any government body to check information or conduct personal interviews and may not be denied access to any file or document. He may delegate any staff member to act on his behalf.
When an investigation reveals abuse, arbitrary procedure, discrimination, errors, negligence, omissions or similar transgressions, perpetrated by an official of a government body, the Ombudsman may communicate this finding to the official and transmit the same document to the official’s superior and set out the recommendations he considers pertinent.
The Ombudsman may also make recommendations to a government body with a view to the adoption of new measures, including suggesting amendments of the criteria used. If the Ombudsman finds that the manner in which a rule is implemented leads to inequitable results, he may address to the competent government authority any recommendation capable of leading to a fair solution to the situation of the affected individual, including payment of damages. The government body is obliged to inform the Ombudsman in writing of the effect given to his recommendations within a period indicated by the Ombudsman.
When the Ombudsman becomes aware of conduct or acts which appear to be offences, he may advise the competent prosecuting authority.
If an official of a government body impedes an investigation, the Ombudsman may ultimately institute disciplinary proceedings against the official or bring the case before a criminal court in accordance with the Ombudsman Law.
When the Ombudsman finds that the execution of an administrative decision may result in irreparable prejudice for the rights of a complainant, he may stop that execution as prescribed in the Ombudsman Law.
The Ombudsman may refer cases to the highest judicial authorities of Bosnia and Herzegovina competent in human rights matters, including cases referred to him for this purpose by an Entity Ombudsman.
No appeal lies against the decision of the Ombudsman.
The Ombudsman’s powers to investigate include complaints concerning the poor functioning of the judicial system and the poor administration of an individual court case as well as violations of rights and freedoms allegedly committed by the military administration.
Members of the Human Rights Ombudsman’s staff may not be arrested, detained, subjected to investigation, prosecuted or tried for any action, opinion or decision taken while performing their duties upon the Ombudsman’s instructions.
The Human Rights Ombudsman co-operates with the ombudsman institutions at entity level, i.e. the Ombudsman of the Republika Srpska and the Ombudsman of the Federation of Bosnia and Herzegovina.
Contact information:
Human Rights Ombudsman of Bosnia and Herzegovina
Office in Sarajevo
Address: Marsala Tita 7
Phone: + 387 33 666 005
Fax: + 387 33 666 004
E-mail: info@ohro.ba
Web site: http://www.ohro.ba/
Office in Banja Luka
Address: Jovana Ducica 41
Phone/Fax: + 387 51 303 992
E-mail: ombudsman@bl.ohro.ba
Web site: http://www.ohro.ba/
OMBUDSMAN
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