Chapter 17 Crimes Against Humanity and Values Protected by International Law
Article 190a
Enforced Disappearance
(1)Official person in the institutions of Bosnia and Herzegovina or any other official person that acts in capacity of official person in the institutions of Bosnia and Herzegovina or by acting on order or by being incited or on explicit or implicit consent of an official person in the institutions of Bosnia and Herzegovina who imprisons, keeps imprisoned or deprives another of liberty in any other way, and thereby refuses to confess that he/she had someone deprived of liberty or conceals information on the whereabouts or location of that person, leaving him/her without legal protection, shall be punished by imprisonment of minimum 8 years.
(2)Punishment referred to in paragraph (1) of this Article shall be applicable to an official person in the institutions of Bosnia and Herzegovina who orders or incites or gives explicit consent or knows and implicitly agrees with the commission of a crime referred to in paragraph (1) of this Article.
(3) Whoever in his/her capacity of being in superior position knows or consciously disregards information that his/her subordinate has committed the crime referred to in paragraph (1) of this Article or that s/he is about to commit this crime, whereas s/he was responsible and had control over the actions related to the commission of the crime referred to in paragraph (1) of this Article but fails to take all needed and reasonable measures in his/her power to prevent or disable the commission of the crime referred to in paragraph (1) of this Article or fails to report it to the state authorities for the purpose of investigation and criminal prosecution, shall be punished by imprisonment of minimum 8 years.
(4) A person acting on orders of government or a person in a superior position shall not exonerate him/her of guilt, however it may reflect in leniency if court considers it to be in the interest of the fairness. The person who refuses to execute such order shall not be punished.
1. For the purpose of this Statute, ‘crime against humanity’ means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:
(i) Enforced disappearance of persons;
2. For the purpose of paragraph 1:
(i) ‘Enforced disappearance of persons’ means the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time.