CONSTITUTION OF BOSNIA AND HERZEGOVINA

Article II: Human Rights and Fundamental Freedoms

3. Enumeration of Rights

All persons within the territory of Bosnia and Herzegovina shall enjoy the human rights
and fundamental freedoms referred to in paragraph 2 above; these include:

...
b) The right not to be subjected to torture or to inhuman or degrading treatment or
punishment.

Part 1 Basic Provisions

Chapter 8 Actions aimed at Obtaining Evidence

Section 4 Questioning of the Subject

Article 78

Instructing the Suspect on His Rights

At the first questioning the suspect shall be asked the following questions: his name and surname; nickname if he has one; name and surname of his parents; maiden name of his mother; place of birth; place of residence; date, month and year of birth; ethnicity and citizenship; identification number of Bosnia and Herzegovina citizen; profession; family situation; is he literate; completed education; has he served in the army, and if so, when and where; whether he has a rank of a reserve officer; whether he is entered in the military records and if yes with which authority in charge of defense affairs; whether he has received a medal; financial situation; previous convictions and, if any, reasons for the conviction; if convicted whether he served the sentence and when; are there ongoing proceedings for some other criminal offense; and if he is a minor, who is his legal representative.

The suspect shall be instructed to obey summonses and to inform the authorized officials immediately about every change of an address or intention to change his residence, and the suspect shall also be instructed about consequences if he does not act accordingly.

At the beginning of the questioning, the suspect shall be informed of the grounds for the charge and he shall be informed of the following rights:

the right not to present evidence or answer questions;
the right to retain a defense attorney of his choice who may be present at questioning and the right to a defense attorney at no cost in such cases as provided by this Code;
the right to comment on the charges against him, and to present all facts and evidence in his favour, and that, if he does so in the presence of the defence attorney, the statement made shall be admissible as evidence at the main trial and may, without his consent, be read and used at the main trial;
that during the investigation, he is entitled to study files and view the collected items in his favor unless the files and items concerned are such that their disclosure would endanger the aim of investigation;
the right to an interpreter service at no cost if the suspect does not understand the language used for questioning.

The suspect may voluntarily waive the rights stated in Paragraph 2 of this Article but his questioning may not commence unless his waiver has been recorded officially and signed by the suspect. To waive the right to a defense attorney shall not be possible for the suspect under any circumstances in case of a mandatory defense under this Code.

In the case when the suspect has waived the right to a defense attorney, but later expressed his desire to retain one, the questioning shall be immediately suspended and shall resume when the suspect has retained or has been appointed a defense attorney, or if the suspect has expressed a wish to answer the questions.

If the suspect has voluntarily waived the right not to answer the questions asked, he must be allowed to present views on all facts and evidence that speak in his favor.

If any actions have been taken contrary to the provisions of this Article, the Court’s decision may not be based on the statement of the suspect.

Chapter 30 Procedure to Render International Legal Aid and to Enforce International Agreements in Criminal Matters

Article 412

Relinquishing Criminal Prosecution to a Foreign State

If a criminal offense was committed in the territory of Bosnia and Herzegovina by an alien who has his permanent place of residence in a foreign state, it is possible to cede all criminal files for the purpose of criminal prosecution and trial to such country beyond any requirements provided for in Article 415 of this Code, if such state is not opposed thereto.

Relinquishment of criminal prosecution and trial shall not be allowed if in that case the alien might be subjected to unfair trial, inhuman and humiliating treatment or punishment.

Chapter 17 Crimes Against Humanity and Values Protected by International Law

Article 190

Torture and Other Forms of Cruel and Inhumane Treatment

(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, who inflicts to another physical or mental pain or serious physical or mental suffering, with an aim to extract information from him/her or another, or extort a confession or with an aim to punish him/her for a crime he/she committed or is a suspect of having committed by himself/herself or another, or who intimidates him or forces for any other reason based on any form of discrimination, on order, incited or with explicit or silent agreement of an official person in the institutions of Bosnia and Herzegovina or any other person that acts in capacity of official person in the institutions of Bosnia and Herzegovina, shall be punished by imprisonment of minimum six years.

(2) Punishment referred to in paragraph (1) of this Article shall apply to any official person in the institutions of Bosnia and Herzegovina or any other person that acts in capacity of official person in the institutions of Bosnia and Herzegovina who orders or incits to commission of a crime or who gives explicit consent or knows and silently agrees with the commission of a crime referred to in paragraph (1) of this Article