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Keywords (19)

  • BiH (3)
  • hate crimes (2)
  • BiH (1)
  • court (1)
  • criminal law (1)
  • discrimination (1)
  • freedom of expression (1)
  • hate speech (1)
  • incitement (1)
  • juveniles (1)
  • key problems (1)
  • penal policy (1)
  • post-conflict country (1)
  • processing (1)
  • processing hate crimes (1)
  • prosecution (1)
  • regulation (1)
  • violence (1)
  • hate speech (1)
  • More...

Subjects (7)

  • Criminal Law (4)
  • Court case (4)
  • Human Rights and Humanitarian Law (2)
  • Civil Law (1)
  • International Law (1)
  • Demography and human biology (1)
  • Penal Policy (1)

Authors (8)

  • Amra Mehmedić (4)
  • Edin Hodžić (4)
  • Sanela Hrlović (4)
  • Ulvija Tanović (2)
  • Ljiljana Filipović (1)
  • Andrew Smith (1)
  • Jasna Pećanac (1)
  • Francesco de Sanctis (1)

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Series:Analitika - Discussion Paper

Result 1-4 of 4
Criminal Law Framework for Processing Hate Crimes
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Criminal Law Framework for Processing Hate Crimes

Criminal Law Framework for Processing Hate Crimes

Author(s): Ljiljana Filipović / Language(s): English

Keywords: BiH; criminal law; court; processing hate crimes;

Analysing the criminal law framework for processing a certain type of criminal offence presupposes that this criminal offence differs from other criminal offences by one or more characteristics and that this specificity has implications for the application of certain general institutes of criminal law (substantive and procedural). With hate crimes, this distinctive characteristic is the particular motive for their commission. This paper deals with the significance of this special characteristic for the processing of hate crimes understood as per the changes and amendments to the Criminal Code of Republika Srpska (hereinafter: CC RS), the Criminal Code of the Brčko District of Bosnia and Herzegovina (hereinafter: CC BD BiH) 2010 and the Draft Law on Changes and Amendments to the Criminal Code of the Federation of Bosnia and Herzegovina (hereinafter: CC FBiH), June 2013.

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Hate Crimes and Juveniles: Key Problems in Regulation and Processing
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Hate Crimes and Juveniles: Key Problems in Regulation and Processing

Hate Crimes and Juveniles: Key Problems in Regulation and Processing

Author(s): Jasna Pećanac / Language(s): English

Keywords: BiH; hate crimes; juveniles; key problems; regulation; processing; penal policy;

Bosnia and Herzegovina has seen an increase in significance assigned to combating hate crimes. These crimes have a particularly strong impact on our society due to the still present traces of war and the great importance accorded to ethnic, religious and national affiliation in our social and political life. Even though the international community used to devote most of its attention to war crimes, organised crime, corruption, money laundering and the like, in the past few years, the OSCE Mission in Bosnia and Herzegovina, in cooperation with civil society organisations, has taken on a leading role in an endeavour to ensure the application of international standards and obligations pertaining to hate crimes in Bosnia and Herzegovina (hereinafter: BiH). In these activities, special categories of perpetrators of these crimes, such as juvenile offenders, are quite justifiably, but still insufficiently, taken into account. Thus the 2009 Country Overview of Bias-Motivated Incidents in Bosnia and Herzegovina, among other things, points out hate crimes committed by juveniles and young adults. Five such cases are cited for the territory of the Federation of BiH (hereinafter: FBiH). However, in view of the general trend of insufficient and inadequate processing of criminal offences of this type in BiH general, we must conclude that their number is probably considerably higher. In general, juvenile delinquency entails prohibited behaviour through which juveniles endanger and violate the rights and freedoms of others, cause physical and mental suffering to others, or damage another’s property. The problems generally faced by the juvenile justice system in BiH certainly impact the efficiency of processing hate crimes committed by juveniles. However, given the specificity of the motivation and the consequences, processing juvenile perpetrators of hate crimes has (or should have) a series of specificities that arise from the nature of this type of crime. All bodies participating in proceedings involving juveniles should take into account these specificities in the interest of most fully achieving the aims of such proceedings – re-education, rehabilitation and reintegration of the juvenile in question. Given the still insufficient level of commitment to preventing and combating this specific type of juvenile offending, which has been on the rise in the current socio-political situation in BiH, this paper will focus on dispelling dilemmas and quandaries about whether and to what extent the existing legal framework and basic procedural principles applicable to juveniles in conflict with the law can adequately be applied to hate crimes, with particular reference to the significance of preventive activities applied to juveniles in general, and in particular with respect to these types of criminal offences. Moreover, focusing on juveniles as a specific population, but also as potential perpetrators of hate crimes, which are specific by nature, this paper aims to point out possible problems in the practice of prosecuting juvenile perpetrators of hate crimes. This is, of course, another specific characteristic of combating juvenile offending as a whole and involves complex issues. Therefore, at the present stage of defining initial steps in processing hate crimes, this paper will not and cannot encompass all its aspects, but can hopefully contribute to drawing attention to this important topic in the Bosnian-Herzegovinian context.

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The Importance of Prosecuting Hate Speech in a Post-Conflict Country: Lessons for, and from, Bosnia and Herzegovina
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The Importance of Prosecuting Hate Speech in a Post-Conflict Country: Lessons for, and from, Bosnia and Herzegovina

The Importance of Prosecuting Hate Speech in a Post-Conflict Country: Lessons for, and from, Bosnia and Herzegovina

Author(s): Francesco de Sanctis / Language(s): English

Keywords: hate speech; prosecution; freedom of expression; BiH; post-conflict country;

The use of criminal law to oppose hate speech and its compatibility with freedom of expression is one of the most contentious issues in the contemporary legal debate. This is not hard to believe if one considers the role of that freedom as a building block of democracy.

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Drawing The Line in Bosnia and Herzegovina: The Advocacy of Hatred Constituting Incitement to Hostility, Discrimination, and Violence
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Drawing The Line in Bosnia and Herzegovina: The Advocacy of Hatred Constituting Incitement to Hostility, Discrimination, and Violence

Drawing The Line in Bosnia and Herzegovina: The Advocacy of Hatred Constituting Incitement to Hostility, Discrimination, and Violence

Author(s): Andrew Smith / Language(s): English

Keywords: BiH; hate speech; hate crimes; discrimination; violence; incitement;

In this paper, ARTICLE 19 assesses the extent to which the criminal legal framework within Bosnia and Herzegovina (BiH) complies with its obligations under the International Covenant on Civil and Political Rights to protect and promote the right to freedom of expression while prohibiting the “advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence” (“incitement” or “the advocacy of hatred that constitutes incitement”). Prohibitions on incitement in each of the four BiH criminal codes are poorly formulated and conflate a number of distinct issues. Key components of incitement, such as the need for “advocacy of hatred”, are overlooked and not included as essential elements of criminal offences. One consequence of this the blurring of the line between expression that should be prohibited and other forms of protected speech, including the right to offend others or denigrate national symbols and objects. At the same time, incitement is conflated with other forms of bias-motivated crimes, such as torture or property damage. Despite national, ethnic and religious tensions within BiH remaining very high, criminal prohibitions on incitement have not been enforced to sanction the most harmful forms of expression in the country. Absent specific provision for recognising bias-motivation in the commission of any criminal offence (prior to 2010 bias motivation was only recognised within a limited category of offences under each code), the incitement provisions have instead been used to prosecute bias motivated crimes where there was no advocacy of hatred or expression central to the case. Since reforms to the criminal codes in 2010 have provided alternative provisions for prosecutors to punish a broader range of bias-motivated crimes that are not incitement, there is now a strong case for reforming the incitement provisions so that they specifically address the most severe forms of harmful expression, while according adequate protection to fundamental rights. The analysis arrives at a series of recommendations to reform the criminal codes in BiH so that they comply international standards. We encourage all relevant stakeholders to initiate a national debate on this issue, and for any reforms to be treated as an opportunity for not only reshaping the criminal law but assessing where alternative prohibitions and positive policy measures may more effectively promote tolerance and protect the right to freedom of expression.

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Result 1-4 of 4

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