Implementation of Transitional Laws in Serbia 2006

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Implementation of Transitional Laws in Serbia 2006After the statement Iglica gave to Initiative investigators, police torturecarried on in the police station: “One of the policemen, I really can’tremember his name, took a knife and told me to take off my shoe-laces.He swung the knife in my direction and I almost fell over the chair. Thenhe cut my shoe-laces… Before that I was threatened not to tell anyone theyhad beaten me up. Zeljko Rakovic, inspector in the Secretariat of InternalAffairs, was saying all that. He showed up at that point, in the station. WhileI was being taken out, he told me if I talked to anyone about the beating, itwouldn’t be good for me. Later I even said I had not been beaten but whatelse I could do. 1067 ”Though Iglica asked for a private attorney, police provided one on calland he was enabled phone call not before 1.30 am 1068 . Iglica also said thefollowing: “I was constantly being told I wouldn’t cooperate and it wasn’tgood for me. I told them I was not 20 years old and I would never hit apolice officer. They mostly wrote down things they wanted. I signed somekind of statement 1069 because I could not stand it and longer. They put meback in the cell and said I cooperated and I would be taken to a hospital.Around 3 or 4 a.m. I was taken to the ER receiving another threat frominspector Rakovic not to tell anyone about beatings. When I was examinedby a female doctor in the ER, she asked me why I had been in that kind ofcondition and what had happened to me. 1070 ”After all that Iglica was taken to investigating magistrate Rasa Jankovicwho prohibited him to leave place of residence 1071 because he was pressedcharges due to disturbing of officials in performing duties. Svilar Zeljko,who was Alija Iglica’s lawyer at that time, filed complaint 1072 against thisdecision which was rejected as unfounded 1073 by the Fourth MunicipalCourt constituted by the council including Milan Grkinic, Vladimir Duruzand Alekasandar Veljic. Due to these court decisions, Iglica lost his job inGermany even though he offered guaranty of 2000 euros and submittedevidence to the court that he worked abroad 1074 . Iglica filed charges against1067 Ibid1068 Ibid1069 See minutes from the hearing of the suspect Alija Iglica composed on September 7 th , 2005, available in theInitiative’s documentation archive1070 See above under 10481071 Decision on prohibition measures to leave the residence, number Kri.D.No. 437/051072 Appeal to the complaint of The Forth Municipal Court in Belgrade, number VII Ki 1568/05 from September28 th , 20051073 Decision denying Alija Iglica’s appeal, number Kv 1378/05 from September 28 th , 20051074 Employment confirmation, company Becirovic Transported from Stuttgart, 7 Schrozberger Street, is availablein the Initiative’s documentation186
Implementation of Transitional Laws in Serbia 2006policeman Miladin Bozic due to criminal offence abuse of position 1075 andminor injuries infliction 1076 .Iglica turned to the YIHR on November 14, 2005 and the Initiative tookover his legal representation. Initiative first sent petition to the GeneralInspector of the Serbian Interior Ministry 1077 . A response came on March 15,2006 when the Initiative was informed that its petition regarding policemanBozic Miladin is unfounded 1078 . The first main hearing regarding the caseof Iglica’s accusation of official’s disturbing in performing security dutieswas held on December 27, 2006 when the Initiative’s investigator observedtrial. Judge Dusan Milenkovic decided at the hearing to give passport backto Iglica 1079 .The next hearing was held on April 6, 2006 when testimony was taken bya witness Dusan Grahovac who confirmed Iglica’s allegations 1080 . The nextmain hearing was held on July 10, 2006 when Vulovic Slobodan testified.YIHR attorney, Tanja Drobnjak, pointed out at the main hearing heldon September 22, 2006: “There are no elements of criminal offence theaccused Alija Iglica was charged for in the indictment. In this very situationthe accused is injured party and, on this critical occasion, he suffered manyinjuries stated and confirmed by medical documentation 1081 . This is a typicalexample of basic human rights violation so I suggest the accused to bereleased from any responsibility. It is a fact that not having ID representsoffence but defense believes that the police exceeded its authorities inthis case because it had a possibility to determine identity of the accusedsince there were two witnesses next to him who could have confirmedhis identity” 1082 . After the closing words from the prosecutor and defense,court announced its decision which found the accused guilty and taken offsix months to two years probation 1083 . The Initiative filed complaint to theDistrict Court in Belgrade due to severe violation of the provisions of law,the Criminal Code and wrong and incomplete determination of facts 1084 .1075 Criminal Code, Article 66, see above under 6111076 Ibid, Article 54, Item 21077 Petition was sent to Inspector General in the Serbian Interior Ministry on December 19 th , 2005 and is availablein the Initiative’s documentation1078 Official letter from General Inspector number 12901/05 from March 16 th , 2006, signed by Mirjana Orasin,Head of the Office, is available in the Initiative’s documentation1079 Alija Iglica’s trial report dated December 27 th , 2005, is available in the Initiative’s documentation archive1080 Statement of the witness Dusan Grahovac, is available in the Initiative’s documentation1081 Medical condition record of Alija Iglica, No. 4102 from September 9 th , 2005, is available in the Initiative’sdocumentation1082 Alija Iglica’s trial report dated September 22 nd , 2006 is available in the Initiative’s documentation archives1083 Verdict, No. V-K.1337/05 DM/SR, is available in the Initiative’s documentation1084 Appeal to the District Court in Belgrade from November 1 st , 2006187
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Implementation of Transitional Laws in Serbia 2006

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