'Rights during investigation - not to be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment' in document 'Bosnia - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA

PART ONE - BASIC PROVISIONS

CHAPTER I - BASIC PRINCIPLES

Article 10 - Unlawful Evidence

It shall be forbidden to extort a confession or any other statement from the suspect, the accused or any other participant in the proceedings.

CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA

PART ONE - BASIC PROVISIONS

CHAPTER I - BASIC PRINCIPLES

Article 10 - Unlawful Evidence

It shall be forbidden to extort a confession or any other statement from the suspect, the accused or any other participant in the proceedings.

The Court shall not base its decision on evidence obtained through violation of human rights and freedoms prescribed by the Constitution and international treaties ratified by Bosnia and Herzegovina, or on evidence obtained through essential violation of this Code.

The Court may not base its decision on evidence derived from the evidence referred to in Paragraph 2 of this Article.

CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA

PART ONE - BASIC PROVISIONS

CHAPTER VIII - ACTIONS AIMED AT OBTAINING EVIDENCE

Section 4 - QUESTIONING OF THE SUSPECT

Article 77 - Basic Rules on Questioning

The suspect under investigation shall be questioned by the Prosecutor or an authorised official.

The questioning of the suspect must be done with full respect to the personal integrity of the suspect.

During questioning of the suspect it shall be forbidden to use force, threat, fraud, narcotics or other means that may affect the freedom of decision-making and expression of will while giving a statement or confession.

If actions were taken contrary to Paragraph (2) of this Article, the decision of the Court may not be based on the statement of the suspect.

CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA

PART ONE - BASIC PROVISIONS

CHAPTER X - MEASURES TO GUARANTEE THE PRESENCE OF A SUSPECT OR ACCUSED AND SUCCESSFUL CONDUCT OF CRIMINAL PROCEEDINGS

Section 7 - EXECUTION OF CUSTODY AND PROCEDURE WITH PERSONS TAKEN INTO CUSTODY

Article 141 - The Rights and Freedoms of Persons Taken into Custody and Data on Them

(1) Custody must be executed in such a manner as not to offend the personal integrity and dignity of the accused. In executing custody, authorized officials of the Judicial police and guards of the institution may use means of force only in cases prescribed under law.

CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA

PART ONE - BASIC PROVISIONS

CHAPTER X - MEASURES TO GUARANTEE THE PRESENCE OF A SUSPECT OR ACCUSED AND SUCCESSFUL CONDUCT OF CRIMINAL PROCEEDINGS

Section 7 - EXECUTION OF CUSTODY AND PROCEDURE WITH PERSONS TAKEN INTO CUSTODY

Article 141 - The Rights and Freedoms of Persons Taken into Custody and Data on Them

Custody must be executed in such a manner as not to offend the personal integrity and dignity of the person taken into custody. In executing custody, authorized officials of the Judicial police and guards of the institution may use means of force only in cases prescribed under law.

RELEVANT ROME STATUTE PROVISIONS

Article 55
Rights of persons during an investigation
1. In respect of an investigation under this Statute, a person:
(b) Shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment