Print Entered into force1 March 2003
(Excerpts)
Section 7 - EXECUTION OF CUSTODY AND PROCEDURE WITH PERSONS TAKEN INTO CUSTODYArticle 140General Provisions
Custody shall be executed in the institutions so designated by the Minister of competent Ministry of Bosnia and Herzegovina in cooperation with competent bodies of entities and DistrictBrčkoof Bosnia andHerzegovina. The task of execution of custody may be performed only by those employees of the Ministry who have necessary knowledge and skills and professional qualifications as prescribed by legislation.
Article 141The Rights and Freedoms of Persons Taken into Custody and Data on Them
(1)Custody must be executed in such a manner as not to offend the personal integrity and dignity of the accused. In executing custody, authorized officials of theJudicialpolice and guards of the institution may use means of force only in cases prescribed under law.
(2)The rights and freedoms of the person taken into custody may be restricted only insofar as it is necessary to achieve the purpose for which custody has been ordered and to prevent the flight of the person taken into custody, commission of a criminaloffenseor endangerment to the life and health of people.
(3)The administration of the institution shall collect, process and store data on the person taken into custody, including data concerning the identity of the person in custody and his psycho-physical condition, the duration, extension and cancellation of his custody, the work performed by the person in custody, and hisbehaviorand disciplinary measures applied.
(4)The custody records concerning the detainees shall be kept by the competent Ministry of Bosnia and Herzegovina.
Article 142Accommodation of Persons in Custody
Persons in custody shall be accommodated in rooms of appropriate size that satisfy required health conditions. Individuals of different sexes may not be accommodated in the same room. As a rule, persons in custody shall not be put in the same room with persons serving a sentence. A person taken into custody shall not be accommodated together with persons who might have an adverse influence on him or with persons whose company might have adverse influence on the conduct of the proceedings.
Article 143Special Rights of Persons Taken into Custody
(1)Persons in custody have the right to eight (8) hours of uninterrupted rest within each 24-hour period. In addition, they shall be guaranteed at least two (2) hours of walking in the open air daily.
(2)A person in custody shall be allowed to have personal belongings and hygienic items in his possession, and shall also be allowed to procure at his own expense books, newspapers and other printed media. A detainee shall also be allowed to keep other objects in such a quantity and size so as not to disturb the living environment in the room and the internal regulations of the custody. In admitting a person to custody, objects related to the criminaloffenseshall be seized from him during the search of his person, and any other objects that the arrestee is not allowed to have in his possession while in custody shall be put aside and stored according to his instruction or delivered to a person designated by him.
Article 144The Right to Communication of the Person in Custody with the Outside World andDefenseAttorney
(1)Upon the approval of the preliminary proceedings judge and under his supervision or the supervision of a person designated by him, the detainee may receive visits from his spouse or extramarital partner or relatives, and at his request, from a physician and other persons subject to internal regulations of the custody. Some visits may be prohibited if they could detrimentally affect the conduct of the proceedings.
(2)The preliminary proceedings judge or the preliminary hearing judge shall allow a consular official of a foreign country to visit the person in custody who is a citizen of that country, subject to the internal regulations of the custody.
(3)A detainee may correspond with persons not in custody with the knowledge and under supervision of the preliminary proceedings judge, the preliminary hearing judge, the judgeor thepresiding judge. A detainee may be prohibited from sending and receiving letters and other mail, but not from sending a request, complaint or appeal.
(4)A detainee shall be prohibited from using cellular phone but shall have the right, subject to internal regulations of the custody, to make telephone calls at his own expense. To that end, the detention administration shall provide the detainees with a sufficient number of public telephone connections. The preliminary proceedings judge, the preliminary hearing judge, the individual judge or the presiding judge may, for a reason of security or due to the existence of one of the reasons referred to in Article 132 Paragraph 1 Item a) through c), of this Code restrict or prohibit, by a decision, the use of the telephone by a detainee.
(5)A detainee shall be entitled to free and unrestrained communications with hisdefenseattorney.
Article 145Disciplinary Violations of a Detainee
(1)The preliminary proceedings judge, the preliminary hearing judge, the individual judge or the presiding judge may impose for a disciplinary violation by a detainee, at the proposal of the manager of the institution, a disciplinary penalty of restriction of visits and correspondence. This restriction shall not apply the communications of the detainee with thedefenseattorney or contacts with the consular official.
(2)A disciplinary violation includes any serious violation pertaining to:
a)physical attack on other detainees, employees or authorized officials, or insult of these persons;
b)making, receiving, importing or smuggling objects for attack or escape;
c)bringing into the institution or preparation in the institution of a narcotic substance or alcohol;
d)breach of rules on safety at work, fire protection and prevention of consequences of natural disasters;
e)intentional causing of large material damage;
f)indecentbehaviorin front of other detainees or authorized officials.
(3)Within 24 hours, an appeal with the Panel referred to in Article 24 Paragraph 6 of this Code shall be allowed against a decision imposing a disciplinary measure. The appeal shall not stay execution of the decision.
(4)The administration of the institution shall immediately notify the Court of the application of disciplinary measures to the detainee.
Article 146Supervision of the Execution of the Custody
(1)Supervision over the execution of custody shall be carried out by the President of the Court.
(2)The President of the Court or a judge designated by him shall be obligated to visit detainees at least once in 15 days and if he considers necessary, shall inquire, without the presence of the Judicial police, regarding how the detainees are fed, how they satisfy other needs and how they are treated. The President of the Court or a judge designated by him shall be obligated to take necessary measures to remedy irregularities noticed during the visit to the institution. The President of the Court may not delegate supervision over the execution of custody to preliminary proceedings judge.
(3)Notwithstanding the supervision referred to in Paragraph 2 of this article, the President of the Court, the preliminary proceedings judge, an individual judge or the presiding judge may visit the detainees at all times, may talk to them and may hear their complaints.
Article 147Internalregulations of the Institutions for Detention
The Minister of the competent Ministry of Bosnia and Herzegovina shall issue internal regulations for the institutions for detention that shall regulate in detail the execution of custody in accordance with the provisions of this Code.
CHAPTER XXXIVTRANSITIONAL AND FINAL PROVISIONS
Article 447Competent Ministry
With respect to this Code, the competent ministry of Bosnia and Herzegovina shall be the Ministry entrusted with affairs in the area of justice.
Article 451Entry into Force of the Law
This Code shall enter into force onMarch 1, 2003