The Sector for Criminal Legal Assistance and Training in Criminal Matters before the Court of Bosnia and Herzegovina, within the Ministry of Justice of Bosnia and Herzegovina, in cooperation with the Regional Bar Association of Mostar (ROAK), organized a training entitled “Compensation for Damage Caused by Unjustified Deprivation of Liberty” as part of the continuous professional development of attorneys/lawyers in Bosnia and Herzegovina. The training was held on 17 April 2026 at Hotel Mostar in Mostar.
The training was opened with introductory remarks by Prof. Dr. Sci. Sanela Latić, Assistant Minister of Justice of Bosnia and Herzegovina, and Fahira Rizvanbegović, President of the Regional Bar Association of Mostar, who welcomed the participants.
Addressing the seminar participants, attorneys/lawyers from the Mostar Bar Association and representatives of other bar associations in the Federation of Bosnia and Herzegovina, the Assistant Minister delivered an opening speech highlighting the relevance and importance of the seminar topic. She also explained the role and position of the Ministry of Justice of Bosnia and Herzegovina concerning claims submitted by parties under the Criminal Procedure Code of Bosnia and Herzegovina, which provides for the possibility of reaching an agreement between the party and the Ministry. Particular attention was given to the fact that, due to the absence of implementing regulations that would specify the criteria for assessing claims for compensation for damage caused by unjustified deprivation of liberty, the Ministry is not in a position to analyze and evaluate submitted claims regarding the amount and type of compensation, as well as the justification of such compensation. Therefore, in accordance with the Criminal Procedure Code of Bosnia and Herzegovina, parties are directed to the possibility of filing a lawsuit before the Court of Bosnia and Herzegovina.
The training was attended by 29 participants, and the programme was led by attorneys from the Bar Association of Republika Srpska, Miodrag Stojanović and Radivoje Lazarević.
During the training, the legal procedure, which represents a combination of criminal and civil proceedings, was examined in detail, with particular reference to the relevant provisions of the Criminal Procedure Code of Bosnia and Herzegovina (Articles 431–438) and the Law on Obligations (Articles 189 and 200) in the context of exercising the right to compensation for material and non-material damage. Attention was also drawn to the lack of uniformity among entity-level regulations in this area, as well as to the practice of the Court of Bosnia and Herzegovina and other courts in deciding on such claims.
It was particularly emphasized that judicial practice has not yet been fully standardized regarding the criteria for determining the amount of non-material damage, which in practice presents a challenge for injured parties when submitting claims.
Participants were also introduced to the procedure by which injured parties may submit requests to the Ministry of Justice of Bosnia and Herzegovina in accordance with the Criminal Procedure Code of Bosnia and Herzegovina, as well as the fact that compensation claims do not relate exclusively to detention cases but also to other situations involving measures prescribed by law.
The presentations were further enriched by an analysis of relevant decisions of the Court of Bosnia and Herzegovina and other competent courts, enabling participants to gain a better understanding of the practical application of the relevant regulations.
Throughout the training, active interaction was achieved between the trainers and participants, significantly contributing to the quality of the training and the exchange of professional experience.
