Editorial abstract: Despite years of numerous warnings by relevant international institutions, especially the UN and the Council of Europe, the BiH government is doing little to improve the position of persons in the penal institutions of both BiH entities. In this way, the human rights of this segment of the population are being violated and their chances for rehabilitation and social reintegration are being lessened.
Vildana Vranj discusses some of the most important issues in this case: the overcrowding of jails, inadequate hygienic conditions in the institutions were offenders are placed, jail infrastructure which does not allow for the separation of men from women and juvenile offenders from others, insufficient numbers of staff and inadequate professional training of staff working with offenders, as well as improper security measures that should protect offenders from torture in penal institutions.  The situation is further complicated by the often politicized issue of unifying penal solutions, and the rules and procedures pertaining to the adequate treatment of offenders in all penal institutions in BiH.
In analyzing the continuing disregard of the state towards its obligations pertaining to this subject, the author reveals that we are dealing with a lack of efficiency and a bad approach to offenders’ problems, rather than a lack of resources for improving their position.

Introduction

All humans are born with equal human rights.
These rights are inalienable and they serve to protect citizens from the state and from other citizens. When one’s guaranteed rights are violated by another subject, the state reacts by taking away or limiting some of the rights of that subject.

Some of the most severe forms of violating the rights of other citizens are characterized as criminal offences.

Therefore, punishing criminal offenders is an adequate reaction by the state to their actions. When considering criminal offences and the measures the state takes against them, we usually think of imprisonment as the most severe state reaction, keeping in mind that the death penalty was abolished in Europe by the Additional Protocols 6 and 13 to the European Convention for the Protection of Human Rights and Fundamental Freedoms from 1950.

Note to Readers: Translation of full text available upon request. Please contact: amela@soros.org.ba