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According to the current Law on Amnesty of Bosnia and Herzegovina, persons sentenced for genocide, crimes against humanity and other war crimes cannot be granted amnesty.
“Amnesty can be granted to persons sentenced for genocide, war crimes and crimes against humanity after they have served three fifths of their sentences,” the proposed revision of Article 3 of the Law on Amnesty stipulates.
The explanation of the proposed revisions indicates that, in international law theory, amnesty can be granted for such crimes “only by means of partially relieving a convict from a part of the sentence execution.”
It was further explained that the international theory and practice considers that limited amnesty would be positive, particularly for convicts who admitted guilt, expressed regret and apologies to victims, contributed to finding the truth and so on.
“It could be expected that, by their future behavior in their places of residence, such persons would contribute to faster reconciliation and creation of trust among citizens,” the Ministry of Justice explained.
Persons convicted according to the Criminal Code of Bosnia and Herzegovina may be granted amnesty by the Presidency of Bosnia and Herzegovina following a request by the convicts. Since 2006 the Presidency of Bosnia and Herzegovina has upheld 17 amnesty requests and rejected 107, the explanation of the proposed revision says.
In order for the revisions of the Law on Amnesty of Bosnia and Herzegovina to come into effect, they should first be adopted by the Council of Ministers, and then also the Parliament of Bosnia and Herzegovina.
