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:

...
e) The right to a fair hearing in civil and criminal matters, and other rights relating to
criminal proceedings.

Part 1 Basic Provisions

Chapter 10 Measures to Guarantee the Presence of a Suspect or Accused and Successful Conduct of Criminal Proceedings

Section 6 Pre-Trial Custody

Article 131

General Provisions

(2) Custody shall be ordered or extended by a decision of the Court issued on the motion of the Prosecutor after the Court has heard the suspect or the accused regarding the circumstances
surrounding the grounds for proposed custody, except in the case prescribed by Article 132, Paragraph 1, Item(1) a) of this Code.

(3) The Prosecutor shall submit to the Court a reasoned proposal for extension to extend custody the latest no later than five days before the expiration of the deadline set in the decision on ordering custody. The Court shall forward the proposal to the suspect or the accused and his defence attorney without delay.

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.