The police in the Federation of Bosnia and Herzegovina now have the authority to immediately react to domestic violence and violence against women.
Emergency protective measures can be taken directly at the scene, without waiting for court decisions. This is possible thanks to the adoption of the Law on protection against domestic violence and violence against women. Experts point out that this prevents the time gap during which the victim is most vulnerable.
“These are emergency measures that essentially include a ban on approaching the victim, the perpetrator leaving the apartment, and there is also a measure of depriving the abuser of his freedom. In all these situations, the police have mechanisms to immediately put the perpetrator under control, that is, under supervision, and to prevent any contact with the victim of violence,” said Amra Hamidović, legal advisor in the OSCE mission in Bosnia and Herzegovina.
The new law is harmonized with the Istanbul Convention and introduces a mandatory risk assessment for each application. This means that the possibility of injury or death is assessed, and measures are adjusted to the level of danger in which the victim is. This also means that the victim can now look for and get accommodation in the Safe House, said Danijela Huremović, manager of the Safe House of UG “Vive žene” Tuzla.
“A victim of violence can more easily be accommodated in a Safe House. It is enough to contact her directly, either because she learned about the possibility of accommodation from the media, came for an interview earlier or heard through other communication channels that there is a safe house. Based on her statement and risk assessment, the expert team can immediately approve the accommodation. After that, the safe accommodation informs the police station and the Center for Social Work that the violence has been reported and that the victim is protected, which starts the entire further procedure,” said Danijela Huremović.
It is particularly important that the violation of protective measures has passed under the jurisdiction of criminal law. Perpetrators will be held accountable for such behavior much more seriously than before. The protection is extended to ex-spouses, but also to all persons in an intimate relationship, regardless of whether they live together or not. This includes a wider circle of victims who were often left without adequate legal protection before, said Amra Hamidović.
“The law on protection against domestic violence introduced an important novelty. If protective measures are imposed on the abuser, any violation of them is no longer treated as a misdemeanor. Now such behavior is considered a criminal offense, which additionally protects the victim and strengthens the mechanisms of sanctioning the abuser,” said Amra Hamidović.
In addition to the Law on the Protection of Domestic Violence, amendments to the FBiH Criminal Code were recently adopted, which introduce completely new criminal acts. Psychological violence and stalking are now clearly defined. For the first time, penalties have been prescribed for digital violence, such as sexual extortion, publication of explicit content without the consent of the victim and other acts that take place over the Internet, said Amra Hamidović.
“The most important thing for us is that acts such as sexting and sextortion, i.e. sexual extortion and blackmail, as well as the publication of explicit content via the Internet are now clearly defined. All of this is criminalized. Simply put, any recording, sharing or publication of such material without the express consent of the victim is a criminal offense,” said Amra Hamidović.
Experts emphasize that these laws only make sense when violence is reported. The number of reports is increasing, especially among young people, which shows a positive sign of greater awareness of protection and available help, and the risk assessment in every case of violence should recognize the danger in a timely manner and prevent the most serious consequences, he writes. RTV Slon.
