Publications

Trafficking in human beings (THB), a modern form of slavery, is a complex and multidimensional crime that severely violates human rights and dignity. It affects all OSCE participating States and often transcends borders, requiring international, national and regional co-operation. THB can affect individuals of any gender, age, race or religion. OSCE participating States have committed to taking action to prevent THB, prosecute perpetrators, and protect victims. The OSCE supports participating States by assisting in implementing commitments and developing effective policies to combat THB.

The OSCE Mission to Bosnia and Herzegovina demonstrates its clear commitment to combating trafficking in human beings (CTHB) by strengthening domestic authorities’ capacity to counter this heinous practice. The Mission’s CTHB efforts draw on its comprehensive trial monitoring programme, which covers all criminal cases related to human trafficking adjudicated by the judiciary across Bosnia and Herzegovina (BiH). The data gathered through this monitoring, combined with long-standing relationships with key counterparts, informs the Mission’s work to enhance the applicable legislative and policy frameworks as well as the capacity of judicial officials, and judicial and other relevant stakeholders.

This is the second public report by the OSCE Mission to Bosnia and Herzegovina based on the monitoring of human trafficking and related cases completed before courts in Bosnia and Herzegovina. After a review of relevant international standards and the national anti-trafficking legal framework, it examines abilities of the national criminal justice system to: effectively prosecute human trafficking and adequately punish those responsible for it; treat victims with dignity while protecting them from harmful consequences of their involvement in criminal proceedings; and facilitate victims’ right to seek compensation from offenders. The report closes with specific recommendations targeted at several key actors. These aim to improve the criminal justice response to human trafficking in Bosnia and Herzegovina.

The purpose of this Manual is to help strengthening capacities of judges and prosecutors in Bosnia and Herzegovina to recognize criminal offence of trafficking in human beings, effectively prosecute and punish offenders while ensuring protection of victims. The Manual is not available in English- Bosnian language version only. However the Manual content is presented in both Latin and Cyrillic alphabet respectively.

A Case Law Compendium in Trafficking in Human Beings is primarily intended for legal practitioners such as prosecutors and judges but also for those who deal with issues on trafficking in human beings as part of their scientific or similar interests.

The purpose of this module is to help legal trainers in Bosnia and Herzegovina to develop and conduct training activities aimed at strengthening capacities of judges and prosecutors to recognize criminal offence of trafficking in human beings, effectively prosecute and punish offenders while ensuring protection of victims. It is not available in English.

This paper provides an analysis of sentencing practices of Bosnia and Herzegovina's courts in domestic violence criminal proceedings, based on the Mission’s monitoring findings. After a review of relevant international standards and the national legal framework on domestic violence, it analyses in detail: the types of sanctions applied, the mitigating and aggravating circumstances considered by the court, the legal mechanisms of warrant for pronouncement of sentence and plea agreements, and compensation awards to victims. It also formulates a number of recommendations for judges and prosecutors dealing with domestic violence cases.

A critical review of law and emerging practice in Bosnia and Herzegovina in light of core International standards.