Implementation of Transitional Laws in Serbia 2006

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Implementation of Transitional Laws in Serbia 2006Implementation of the Law on RehabilitationAt this moment, argumented conclusions on implementation of this law inpractice cannot be made as only recently first decisions on rehabilitation inSerbia were made. Spokesperson of the Belgrade District Court Ivana Ramicsaid that the Belgrade District Court received 214 rehabilitation requestsand that there were much fewer requests than expected 753 . According toher, the court formed seven councils each comprising three judges thatwill decide on requests in out-of-court proceedings 754 . Ivana Ramic alsoadded: “Every three-member council comprises a criminal judge, litigantand one judge from the department for administrative disputes. Most ofthe submitted requests do not contain all necessary documentation, but thecourt is obliged by the law to request from state authorities and organizationsthat are obliged to submit the documents at the court’s request within 60days. Therefore, we may say that a non-public phase of the procedure iscurrently underway” 755 . So far, two persons were rehabilitated before thiscourt, namely former lieutenant of the Yugoslav National Army (JNA)Kosana Milosevic and owner of a sawmill in Kraljevo before the SecondWorld War Miljko Petrovic 756 .The submitted requests include ones requiring rehabilitation of ZankaStokic 757 , Slobodan Jovanovic 758 , Momcilo Nincic 759 , Konstantin Fotic 760 ,the Teokarovic brothers 761 et al.Immediately upon adoption of the law, the Serbian Constitutional Courtrequested from the Ministry of Justice, the government and the NationalAssembly to urgently draft and adopt amendments to the law that willregulate the rules of the procedure which are to be applied in rehabilitationprocedures 762 . The Ministry of Justice responded that if a specific law does753 See webpage: http://www.serbiancafe.co.uk/news/showshort.cfm?NewsID=15507,visited on November 25 th , 2006754 Ibid755 Ibid756 First decisions on discrimination, B92, November 14 th , 2006, webpage: http://www.b92.net/info/vesti/u_fokusu.php?id=26&start=0&nav_id=219869,visited on November 25 th , 2006757 Zanka Stokic (1887-1947), actress, was sentenced to eight years of prison for loss of national honor in1945. The Pozarevac committee of the League for Protection of Private Property and Human Rights submittedrequest for rehabilitation758 Famous Serbian lawyer and historian who was also Prime Minister in exile759 Foreign Affairs Minister of the Kingdom of Yugoslavia760 Former ambassador in the United States of America761 Pioneers of textile industry in Serbia and owners of the factory with latest technology in the pre-war Yugoslavia762 See above under 756134
Implementation of Transitional Laws in Serbia 2006not stipulate the type of procedure, the provisions of the Law on Out-of-Court Proceedings shall be applied 763 .The Initiative submitted a request for rehabilitation of Senad Sljivo to theJagodina District Court, who in late 1990s, during the NATO bombardmentof Serbia, got fired in the Secretariat of Interior in Jagodina as he rejectedto go to Kosovo as member of a special police unit.With this request, the Initiative asked from the Jagodina District Courtto proclaim null and void the decision on Senad Sljivo’s termination ofemployment in the Serbian Interior Ministry as well as all its effects until themoment of the passing of the decision and to get him back on duty to theInterior Ministry where his employment had been forcefully terminated 764 .Also, the Initiative requested that the Official Gazette of the Republicof Serbia publishes the name and data on Senad Sljivo as rehabilitatedperson 765 . Since the District Court did not submit any return informationon the current status of the request, the Initiative called the District Courtin the middle of October 2006 and got the following information: thenumber of the case is REH 2/06 and acting judge is Svetlana Jeremic 766 .Soon after that conversation, the Initiative received an official summons forhearing on rehabilitation of Senad Sljivo which is scheduled for December28 th , 2006 767 .763 Ibid764 The Initiative filed a request for rehabilitation of Senad Sljivo on May 22 nd , 2006, available in the Initiative’sdocumentation765 Ibid766 Report on telephone conversations of Initiative’s researchers with Judge Svetlana Jeremic, available in theInitiative’s documentation767 Summons for court proceedings in the Jagodina District Court, available in the Initiative’s documentation135
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Implementation of Transitional Laws in Serbia 2006

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