Implementation of Transitional Laws in Serbia 2006

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Implementation of Transitional Laws in Serbia 2006would advance at greater pace if they had more guardians in Belgrade” that“they seem to have only now become acquainted with the use of soap”, and“they used to stick their teeth in unpeeled lemon.” Both proceedings areunderway, and court rulings are expected by the end of the year.The relation between police members and Serbian citizens is largelycharacterized by torture that is, molesting, torturing, inflicting harmfulpsychic and physical injuries, violation of one’s jurisdictions andunconscientiously work. It often happens that Serbian citizens who arevictims of police torture are accused for “disrupting an official person inexecution of security affairs” 772 . This is a kind of preventive action, afterthe torture, so as to justify the use of force by police officers, which iswitnessed by victims’ medical documentation. The police officers whoparticipated in torture always have support of their superiors, but also ofjudges in these procedures.The monitored human rights in Serbia are often violated and there is noadequate reaction of authorized institutions that would bring to courtpunishment of responsible persons. By creating a no-punishment traditionfor violation of human rights of Serbian citizens, all perpetrators of thesecriminal acts are encouraged to continue their practice in the future andpreventive element that every legal sanction should have is thereby lost.This attitude of judicial bodies in Serbia toward perpetrators and victims ofviolated human rights does not contribute to the development of the ruleof law in Serbia and creation of a democratic, civil, open and responsiblesociety, which Serbia declaratively hopes to become.This report was written on the basis of information collected untilNovember 2006.772 The Law on public order and peace (Official Gazette of RS, number 51/92, 53/93, 67/93, 48/94), Article23, item 1142
Implementation of Transitional Laws in Serbia 2006Violation of the Right to Free Access toInformation“Everyone shall have the right to be informedwhether a public authority holds specific informationof public importance, i.e., whether it is otherwiseaccessible.Everyone shall have the right to access informationof public importance by being allowed insightin a document containing information of publicimportance, the right to a copy of that document,and the right to receive a copy of the document uponrequest, by mail, fax, electronic mail, or in anotherway. 773Security Intelligence Agency (BIA)BIA is an institution in charge of protection of security of the Republic ofSerbia, discovery and prevention of activities which threaten to undermineor disturb the constitutional order of the Republic of Serbia; the acquisition,processing and analysis of security-intelligence information relevant to thesecurity of the Republic of Serbia, informing competent state authoritiesabout security issues, and other responsibilities determined by the Law 774 .As it budget is fully financed from the budget of the Republic of Serbia,in the context of the Law on Free Access to Information, BIA is thepublic authority obliged to allow anyone access and submit informationof public importance that occur in its work or in relation to it 775 . For that,it is necessary to submit a regular request for free access to information.On October 31, 2005 the Initiative submitted a request to BIA asking theagency to present the following information:773 Law on free access to information, Article 5, see above under 3774 Law on Security Intelligence Agency (Official Gazette of RS, number 42/2002), was passed by the SerbianNational Assembly on July 18 th , 2002 and came into effect on July 27 th , 2002775 Law on free access to information, Article 3, see above under 3143
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Implementation of Transitional Laws in Serbia 2006

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