In Bosnia and Herzegovina the death penalty has been abolished for all crimes.
The Constitution of Bosnia and Herzegovina and the Constitution of the Federation
of Bosnia and Herzegovina incorporate, among other international treaties, the 1989
Optional Protocol to the ICCPR (aiming at the abolition of the death penalty) and
Protocols 6 (concerning the abolition of the death penalty) and 13 (concerning the
abolition of the death penalty in all circumstances) to the European Convention
for the Protection of Human Rights and Fundamental Freedoms (ECHR), thereby
prohibiting the death penalty.
Although not operational in practice, Article 11 of the Constitution of Republika Srpska
allows the death penalty to be pronouncedfor capital crimes.
The Criminal Code of Republika Srpska does not provide for capital punishment.
The European Commission noted this issue in its 2012 Progress Report for
Bosnia and Herzegovina and stated that the relevant provision in the
Constitution of Republika Srpska “has to be repealed in line with key principles of
the EU human rights policy”.
Excerpts from: 'The Death Penalty in the OSCE Area: Background Paper 2013'.
Posted in November 2013.