06 Apr Ensuring Justice for Victims of Trafficking in BiH

The OSCE Mission to Bosnia and Herzegovina on 15 March 2022 launched its latest report titled “Ensuring Justice for Victims of Trafficking in Human Beings: Response of the Criminal Justice System in BiH, with recommendations” in Sarajevo and online.

The report examines the abilities of the national criminal justice system to prosecute human trafficking effectively, sanction those responsible for it adequately, 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.

BiH has adopted a number of measures to fulfil its international obligations related to combating THB. These include criminalizing THB in all four criminal codes, establishing the Anti-Trafficking Strike Force to co-ordinate law enforcement efforts on the entire territory of BiH, and adopting laws and regulations that aim to protect witnesses in criminal proceedings.

Despite these efforts, however, this report identifies pressing concerns regarding the investigation and prosecution of THB-related criminal conduct. These include the qualification of such crimes, often resulting in the prosecution of offenders under lesser charges. Other concerns include failures to promptly process cases and effectively investigate all circumstances of the case, to confiscate proceeds of crimes, and to prosecute legal persons and those using the services of victims of trafficking. The report’s analysis of sanctioning practices in trafficking-related cases reveals that sanctions that courts impose in such cases rarely reflect the gravity of the offences committed. In addition to lenient sentencing, the criminal justice system demonstrated a tendency to treat victims as sources of information rather than rights-holders entitled to redress. The Mission also notes that, in some
cases, criminal justice authorities treated victims in a manner that contributed to their retraumatization. Finally, the report finds that, despite the possibility to process compensation claims during criminal proceedings, even successful prosecutions rarely result in the awarding of compensation to victims. 

The report closes with specific recommendations targeted at several key actors:

• Reviewing criminal legislation at all levels with a view to strengthen the position of victims of trafficking in criminal proceedings and to minimize the possibility of qualifying THB under lesser charges.
• Treating victims with the necessary dignity and respect.
• Improving the existing co-ordination and consultation mechanisms to ensure the application of a victim-centred approach during all stages of THB cases.
• Considering all aggravating circumstances before evaluating mitigating
  circumstances in THB cases.
• Empowering victims to exercise their right to seek compensation.

Here you can find the full report: https://www.osce.org/files/f/documents/6/f/509345_0.pdf