RIGHTS OF MINOR VICTIMS WITNESSES - CHALLENGES OF HARMONIZATION WITH EUROPEAN UNION LAW

Abstract

The work of witness support services at the courts and prosecutor's offices in Bosnia and Herzegovina, primarily with victims of criminal offenses, is a key instrument for achieving justice for victims and enables victims to exercise their rights more easily. If the state wants to obtain quality testimony, it is obliged to guarantee the right of the witness to testify freely without fear of possible negative consequences that may arise from truthful testimony. In accordance with international standards, states are responsible for suppressing, investigating and prosecuting all forms of violations of human rights and freedoms provided for by international law.

This obligation also applies to criminal offenses in which minors are harmed because it violates their basic human rights and freedoms. Violence against minors is not only a widespread social problem that harms individuals, families and society as a whole, but is also a particularly socially dangerous criminological phenomenon. As such, it requires not only decisive social condemnation and prevention, but also unrelenting social disapproval and an equally strong response from both the police and the justice system as a whole. Although witnesses have a legal and civic duty to testify in criminal proceedings, these proceedings must be organized in such a way as to avoid unjustified violation of the rights of victims and witnesses, especially when it comes to minors. A minor, and especially a child who is a witness in court proceedings, is a sensitive witness, and sensitivity refers to children's vulnerability due to cognitive, emotional and social immaturity, which makes their psychological capacities unresistant to external influences.

Establishing support services for witnesses, primarily victims of criminal offenses, is a key instrument for achieving justice for victims and enabling victims to demand the exercise of their rights. The provision of professional assistance by witness support services also avoids secondary victimization of victims in criminal proceedings.

Directive 2012/29/EU on the establishment of minimum standards, rights, support and protection of victims of criminal offenses places significant emphasis on the victim's right to information and defines the obligations of EU member states to regulate national criminal legislation in such a way that each victim receives the necessary amount of information about their rights and position in criminal proceedings. States that aspire to EU membership have the obligation to adopt the acquis communitare, and thus the obligation to implement the Directive in their national legislation. This paper will deal with types of support for minor witnesses, victims of criminal offenses in criminal proceedings in Bosnia and Herzegovina and normative compliance with Directive 2012/29/EU.