Implementation of Transitional Laws in Serbia 2006

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Implementation of Transitional Laws in Serbia 2006carried out by others, primarily the American Embassy. In case thatthe Ministry of Justice is not in the position of fulfilling its dutiesthrough the lack of resources, then the stipulation stating “TheMinistry of Justice provides appropriate premises and all the othertechnical conditions necessary for the proper and efficient work ofthe War Crimes Chamber, Prosecutor’s Office, Special Departmentand Special Detention Unit” should be replaced with one stating“The Ministry of Justice or alternatively international institutionsprovide appropriate premises and all the other technical conditionsnecessary for the proper and efficient work of the War CrimesChamber, Prosecutor’s Office, Special Department and SpecialDetention Unit”• Stipulations of the law regarding the cooperation of Serbian judiciarywith the Hague Tribunal and The Hague Tribunal Prosecution needto be made more precise by means of introducing a stipulationaccording to which, based on the evidence gathered by the TribunalProsecution, the Prosecutor will be able to initiate investigation andprosecute any case, not only those handed over to the domesticjudiciary by the Tribunal.Law on RehabilitationThe Law on Rehabilitation 736 came into effect on April 25 th , 2006. Thislaw regulates rehabilitation of persons who were killed, imprisoned ordeprived of some other rights for political or ideological reasons througha court or administrative decision starting from April 6 th , 1941 to the dayof coming into force of this law 737 . One of the legal conditions for startingthe process of rehabilitation was that the person whose rehabilitation isrequested has the residence on the territory of the Republic of Serbia 738 . Itis important to point out that any interested physical or legal person maysubmit a request for rehabilitation and that the right to submit this requestdoes not expire 739 . A district court in the place of residence, i.e., the seatof requester or place where the exile or injustice was committed shall be incharge to act in cases of submitted requests 740 . The rehabilitation procedure736 The Law on Rehabilitation, adopted on April 17 th , 2006, Official Gazette of RS, number 33/06737 Ibid, Article 1738 Ibid739 Ibid, Article 2740 Ibid, Article 3 item 1132
Implementation of Transitional Laws in Serbia 2006is public and a council of three judges shall decide on it 741 . The rehabilitationrequest should contain personal data on the person whose rehabilitation isrequested and evidence on justifiability of the request 742 . A legal provisionthat should encourage all potential requesters refers to taxes and expensesas there are no taxes and expenses for the rehabilitation procedure 743 . Afterthe procedure is carried out, the court shall pass an explained decisionadopting or rejecting the request 744 . The consequences of adopting therequest are that the decision that has been made against the rehabilitatedperson is void from the moment when it was passed as well as that all itslegal consequences, including the punishment of property confiscation, 745and that the rehabilitated person shall be considered non-convicted 746 . Inthe cases when court or administrative decision was not adopted, the courtshall establish that the rehabilitated person was victim of persecution orviolence for political or ideological reasons 747 . Also, the ministry in chargeof judiciary shall publish the names and data on rehabilitated persons in theOfficial Gazette of the Republic of Serbia 748 .The complaint to the solution on rejection of request for rehabilitationcan be submitted to the Serbian Supreme Court no later than 30 days fromreceiving the decision 749 , and a council of five judges shall decide on thecompliant 750 . The procedure of execution of rights to compensation ofthe damage and the right to return of confiscated property of rehabilitatedperson is regulated in a special law 751 .When the Law on Rehabilitation was voted, 22 deputies of the SocialistParty of Serbia (SPS) voted in favor, while the Radicals did not participatein the voting. President of the SPS main committee Ivica Dacic said thatthe passing of this law is a way to rehabilitate those who must not berehabilitated 752 .741 Ibid, Article742 Ibid, Article743 Ibid, Article 3, item 4744 Ibid, Article 4, item 3745 Ibid, Article 5, item 1746 Ibid, Article 5, item 2747 Ibid, Article 5, item 3748 Ibid, Article 7749 Ibid, Article 6, item 1750 Ibid, Article 6, item 2751 Ibid, Article 8752 Sinisa Dedeic: Removing Labels from 1945, Glas Javnosti, October 24 th , 2006, available at http://arhiva.glasjavnosti.co.yu/arhiva/2006/10/24/srpski/T06102301.shtml,visited on November 25 th , 2006133
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Implementation of Transitional Laws in Serbia 2006

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