Prisons in Europe Bosnia and Herzegovina Republika Srpska

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Prisons in Europe 5-15 Bosnia and Herzegovina Republika Srpska Country Profile Marcelo F. Aebi Léa Berger-Kolopp Christine Burkhardt Mélanie M. Tiago Lausanne, 3 June 18 Updated on 21 November 18

COUNTRY PROFILE This country profile on Bosnia and Herzegovina Republika Srpska is taken from the report Prisons in Europe 5-15 (link), which contains 51 profiles on the prison populations in the Prison Administrations of the 47 member States of the Council of Europe. Prisons in Europe 5-15 presents data on prison populations across Europe from 5 to 15. It is divided in two volumes: Volume 1 presents country profiles based on several indicators concerning prison populations, and Volume 2 includes all the data used for the report. The report has been prepared by the University of Lausanne and co-funded by the European Union and the Council of Europe. Each country profile includes a Table with Key Facts about the country, which are presented in the form of several indicators referring to the latest available year and to the evolution during the latest ten years, as well as the relative position of the country (low, medium or high) for each indicator compared to the 28 member States of the European Union ( EU 28 ) and the 47 member States of the Council of Europe ( CoE 47 ). The classification in low, medium and high is based on the comparative indicators presented in Part 2 of the study. The country profile is divided in four sections and includes 8 Figures. The four sections are the following: - Key facts - The country in brief: This section summarizes the trends shown in the key facts from 5 to 14/15. It illustrates which indicators have increased, which have decreased and which have remained stable. The indicator is considered as showing a stable trend if the variation is lower than 5%. - The country in comparative perspective: This section compares each country to the rest of the countries included in the study. General comments: This section includes eight Figures, comments to these Figures and some possible explanations of the observed trends. The eight Figures are numbered from 1 to 8 within each country profile and also include, between brackets, their absolute number from 1 to 8. The Key facts include indicators of stock and flow. The stock indicators refer to the situation on 1st September 15. The flow indicators refer to the situation during the year 14. On the basis of the data included in this study, we have calculated for each indicator the average for the 1 to 11 years under study. This average is presented in the fifth column of the country profiles. Finally, the last column of the country profiles provides a graphic indicator of the trend observed when one compares the last year of the series (14 and 15 respectively) to the first one (5). The arrows included in this column reflect the evolution of the indicator according to the following table: +/- 4.9% stable +5 to +9% slight increase +1 to +19% moderate increase + to +49% substantial increase +5% and more huge increase -5 to -9% slight decrease -1 to -19% moderate decrease - to -49% substantial decrease -5% and more huge decrease

COUNTRY PROFILE TRENDS 5-15 Key Facts Prison population rate (inmates per, inhabitants) on 1.9.15 14/15 Comparative Evolution 5-14/15 CoE 47 EU 28 Average % Change 61.9 Low NAP 68.4 Rate of entries into penal institutions in 14 (inmates per, inhabitants) 122.7 Low NAP 12.3 Rate of releases from penal institutions in 14 (inmates per, 126. Medium NAP 18.1 inhabitants) Average length of imprisonment in 14 based on the total number of days 6.5 Medium NAP 7.4 spent in penal institutions (in months) Average length of imprisonment in 14 based on stock and flow (in 6.5 Medium NAP 8.2 months) Prison density on 1.9.15 (inmates per places).1 Low NAP 79.4 Median age of the prison population on 1.9.15 (in years) 35.6* High NAP 33.1 Percentage of female inmates (1.9.15) 1.6 Low NAP 1.6 Percentage of foreign inmates (1.9.15) 7. Medium NAP 4.7 of which: in pre-trial detention 54.1 High NAP 41.1 Percentage of non-sentenced inmates (1.9.15) 9.9 Low NAP 14.9 Rate of deaths per 1, inmates in 14 31.9 Medium NAP 44. Rate of suicides per 1, inmates in 14 (n=1) 1.6 Low NAP 4.2 of which: % in pre-trial detention (n=) - Available since 13. Low NAP NAP NAP Ratio of inmates per staff (number of inmates per 1 staff person) 1. Low NAP 1.3 Percentage of custodial staff in the total staff 55.5 Medium NAP 56.5 Total budget spent by the prison administration (in Euro) Available 14 372 347 NAP NAP 13 114 734** since 11 Average amount spent per day for the detention of one inmate (in Euro) Available since 8 29. Medium NAP 26.4*** * Data refers to 14 **Average calculated from 11 to 14 *** Average calculated from 8 to 14 1

Bosnia and Herzegovina: Republika Srpska in brief Comparing 14/15 to 5, the following indicators show a decrease: prison population rate (-15%), average length of detention based on stock and flow (-3%), prison density (-37%), percentage of nonsentenced inmates (-39%), rate of deaths per 1, inmates (-18%) and ratio of inmates per staff (- %). Comparing 14/15 to 5, the following indicators show an increase: rate of entries into penal institutions (+29%), rate of releases from penal institutions (+5%), average length of detention based on the number of days spent in penal institutions (+8%), percentage of foreign inmates (+19%), percentage of pre-trial detainees among foreign inmates (+15%), percentage of custodial staff in the total staff (+5%), total budget spent by the prison administration (+13%), and average amount spent per day for the detention of one inmate (+45%). Comparing 14/15 to 5, the following indicators remain stable: median age of the prison population (+4%), percentage of female inmates (+3%) and percentage of suicides (+4%). Bosnia and Herzegovina: Republika Srpska in comparative perspective Compared to other European countries, in 14/15 the Republika Srpska presents: o o o Low: prison population rate, rate of entries into penal institutions, prison density, percentage of female inmates, percentage of non-sentenced inmates, rate of suicides per 1, inmates, percentage of suicides in pre-trial detention, ratio of inmates per staff. Medium: rate of releases from penal institutions, average length of detention based on stock and flow, average length of detention based on the number of days spent in penal institutions, percentage of foreign inmates, rate of deaths per 1, inmates, percentage of custodial staff in the total staff, average amount spent per day for the detention of one inmate. High: median age of the prison population, percentage of foreign inmates in pre-trial detention. 2

General comments Figure 1 (49) 1 Fig. 1: Prison population rate and flow of entries and releases from penal institutions (per, inhabitants) Rates per, inhabitants 1 1 8 136 95 73 17 18 9 89 87 9 85 84 64 64 64 67 128 115 126 95 91 73 74 74 119 111 7 126 123 66 62 5 6 7 8 9 1 11 12 13 14 15 Flow of entries Flow of releases Prison population rate Figure 1 shows that, from 5 to 15, the prison population rate of the Republika Srpska (stock) decreased by 15%. In 5, the country had 73 inmates per, inhabitants, while in 15 it had 62. From 5 to 14, the rate of entries (flow of entries) increased by 29%. In 5, there were 95 entries into penal institutions per, habitants, while in 14 there were 123. During the same period, the rate of releases (flow of releases) decreased by 7%. In 5, there were 136 releases from penal institutions per, habitants, while in 14t here were 126. The flow of entries and the flow of releases show a relatively similar rates and trends. Figure 2 (5) Fig. 2: Average length of imprisonment (in months) Average length of imprisonment (in months) 12 1 8 6 4 2 9.7 9.2 8.9 9. 9.3 8.6 9.7 9.3 7.1 8.7 7.1 7.1 6.5 7.5 7.4 7.1 6.8 6.5 6. 5.3 5 6 7 8 9 1 11 12 13 14 Based on days spent in penal institutions Based on stock and low of entries in penal institutions Figure 2 shows that, from 5 to 14, the average length of imprisonment based on the number of days spent in penal institutions increased by 8%. In 5, the average length of imprisonment was 6. months, while in 14 it was 6.5 months. When the average length of imprisonment is computed on the basis of the ratio between the stock and the flow, it shows a decrease of 3%. According to this indicator, in 5, the average length of imprisonment was 9.2 months, while in 14 it was 6.5 months. However, since 1, the rates and trends of the average length of imprisonment are similar independently of the way in which this indicator is calculated. 3

Figure 3 (51) Fig. 3: Prison density per places (Overcrowding) 1 11 Prison density per places 9 8 7 5 95 88 86 85 86 79 77 77 74 67 3 5 6 7 8 9 1 11 12 13 14 15 Figure 3 shows that, from 5 to 15, the prison density of the Republika Srpska decreased by 37%. In 5, the country had 95 inmates per, inhabitants, while in 15 it had. Figure 4 (52) 1 5 Fig. 4: Total capacity of penal institutions and number of inmates 1 363 1 373 1 4 1 364 1 329 1 459 Absolute numbers 1 3 1 9 7 5 3 1 85 1 85 1 85 1 85 1 121 924 961 1 29 952 928 771 764 76 621 652 525 423 329 355 382 1 46 1 54 1 62 1 3 9 887 824 831 836 855 884 877 453 474 471 484 492 492 5 6 7 8 9 1 11 12 13 14 15 Number of places in penal institutions Number of staff (FTE) Number of inmates Of which: number of custodial staff Figure 4 shows that, from 5 to 15, the total number of places in penal institutions in the Republika Srpska increased by 29%. In 5, the country had 1,85 places, while in 15 it had 1,459. During the same period, the total number of inmates decreased by 9%. In 5, the country had 1,29 inmates, while in 15 it had 877. From 5 to 15, the total number of staff increased by 43%. In 5, the Republika Srpska had in total a staff of 621 persons, while in 15 it had 887. During the same period, the total number of custodial staff increased by 5%. In 5, the total custodial staff was 329 persons, while in 15 it was 492. 4

Figure 5 (53) Fig. 5: Percentage of females and foreigners in the prison population rate 1 8. 8 7. Percentage 6 4 5.8 4.9 4.6 3.2 3.2 3. 6. 2.9 3. 2 1.6 1.2 1.1 1.4 2.1 1.8 1.6 1.7 1.7 1.8 1.6 5 6 7 8 9 1 11 12 13 14 15 Females Foreigners Figure 5 shows that, from 5 to 15, the percentage of female inmates remained stable. In 5 and 15, 1.6% of the total prison population were females. During the same period, the percentage of foreign inmates increased by 19%. In 5, 5.8% of the inmates were foreigners, while in 15 they represented 7.% of the total prison population. Figure 6 (54) Fig. 6: Percentage of inmates and foreign inmates without a final sentence 25 22,1 19,7 18,5 18,2 16,3 Percentage 15 1 14,8 12,7 1,2 9,6 12,1 9,9 6, 5 4,3 3,8 1,3 1,4 2,,6 1,7,7,9 1, 5 6 7 8 9 1 11 12 13 14 15 All inmates Foreign inmates Figure 6 shows that, from 5 to 15, the percentage of inmates without a final sentence decreased by 39%. In 5, 16% of the inmates did not have a final sentence while, in 15, inmates without a final sentence represented 1% of all inmates. During the same period, the percentage of foreigners held in pre-trial detention increased by 198%. In 5, they represented 1.3% of the total number of inmates, while in 15 they represented 3.8% of them. According to the information collected during this research, a new law on criminal procedure entered into force in 9. This law has greatly tightened the conditions of detention. 5

Figure 7 123 (55) Fig. 7: Distribution (in percentage) of sentenced prisoners by offence 1 Percentage 8 5 6 7 8 9 1 11 12 13 14 15 Homicide Assault and battery Sexual offences Robbery Theft Drug offences Other offences* Not specified Figure 7 shows that, from 5 to 15, the percentages of prisoners serving sentences for assault and battery, sexual offences, and drug offences have increased; while the percentages of those serving sentences for robbery, theft, and other types of offences have decreased. Figure 8 (56) Rates per 1, inmates 9 8 7 5 3 1 Fig. 8: Rate of deaths and suicides (per 1, inmates) 85 76 57 39 42 38 32 22 11 11 1 11 11 5 6 7 8 9 1 11 12 13 14 Rate of deaths (per 1, inmates) Of which: rate of suicides (per 1, inmates) The instability of the trends for deaths and suicides per 1, inmates shown in Figure 8 illustrates the impossibility of reaching statistically reliable conclusions when the absolute number of cases that generated the rates is low. From 5 to 14, the annual number of inmates who died in prison oscillated between 1 and 9 and, among them, the number of those who committed suicide fluctuated between one and none. 1 The figures provided by the country do not always add to %. 2 Sexual offences include (1) rape (included in the SPACE questionnaire since 5), and (2) other sexual offences (included in the SPACE questionnaire since 8). 3 Other offences include (1) economic and financial offences (included in the SPACE questionnaire since 8); (2) terrorism (included in the SPACE questionnaire since 7); (3) organised crime (included in the SPACE questionnaire since 7); (4) cybercrime (included in the SPACE questionnaire since 14); and (5) other cases (included in the SPACE questionnaire since 5). 6