Implementation of Transitional Laws in Serbia 2006

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Implementation of Transitional Laws in Serbia 2006by monitoring the trials before the War Crimes Chamber of the DistrictCourt in Belgrade, tracking and analyzing media reports, as well as througha series of interviews with the spokesperson of the War Crimes Chamber.The implementation of the Law on the Protector of Citizens has recentlybegun, due to the recent adoption of the law, so the Initiative analyzedthe regulations of this law by comparing it to similar laws in surroundingcountries. The process of electing the first Protector of Citizens in Serbiawas also monitored.The Initiative analyzed the legal basis of the new Constitution of Serbia 7 .Those regulations that incited disputes in professional and general publicwere firstly analyzed. The Referendum campaign and the observance ofelectoral and media laws, which regulate this process, were monitored aswell. The Law on the Referendum and People’s Initiative , the Law on theElection of Parliamentary Representatives , the Law on Financing PoliticalParties 10 , the Law on Advertising 11 , the Law on Public Information and theLaw on Broadcasting.At the end of the report, there are two annexes. The first annex presentscases that lawyers and the legal team of the Initiative presented beforecourts and other state organs in the name of the victims of violations ofhuman rights. The report refers to matters concerning hate speech, policetorture, the right to free access to information, instigating racial, religiousand national hatred, discord and intolerance and rehabilitation.The second report analyzes the efficiency of courts and prosecution inSerbia, when dealing with the criminal acts of causing racial, religious andnational hatred, discord or intolerance. This report was written with the helpof the mechanisms provided by the Law on Free Access to Information ofPublic Importance.The report based on information obtained until November 25th2006. The Constitution of Serbia, adopted and entered into force on November 8 th , 2006, Official Gazette of RS98/06 The Law on Referendum and People’s Initiative, Official Gazette of RS number 48/94 i 11/98 The Law on the Election of Parliamentary Representatives, Official Gazette of RS number 35/2000, 57/2003- decision USRS, 72/2003 – sec. law, 75/2003 - corr. sec. law, 18/2004, 101/2005 - sec. Law and 85/2005 - sec.law10 The Law on Financing Political Parties, adopted on July 18 th , 2003, Official Gazette of RS number 72/0311 The Law on Advertising, adopted on September 16 th , 2005, Official Gazette of RS number 79/05
Implementation of Transitional Laws in Serbia 2006Evaluation of the Degree of theRule of Law in SerbiaIn 2006, the tendency to disobey transitional laws and the derogationof institutions in Serbia has been continued. In this way, GovernmentalRepresentatives continue to undermine the rule of law and the legal statein Serbia.The new Constitution seriously undermines the achieved level of humanand minority rights, what is strictly prohibited, both by the domesticlegislature, and by international legal norms. The Constitution does notprovide regional autonomy for Vojvodina, places the terms of ParliamentaryRepresentatives in the hands of political parties and does not enable thecomplete independence of Court authorities. Adopting the highest legalact without any kind of public discussion and the Referendum campaignduring which numerous legal norms were violated seriously questions thelegality of the Constitution.The implementation of the Law on Free Access to Information is still onlypartial; public authority organs do not fully obey the regulations of thislaw. Amongst those organs which have broken this law in 2006, there arealso Ministries of the Government of the Republic of Serbia. Particularlyparadoxical is the fact that the Ministry of Culture, in whose job descriptionit is to control the implementation of this law, has also broken the law.Trials based on the Law on War Crimes Prosecution have been continuedbefore the War Crimes Chamber of the Regional Court in Belgrade.Problems facing the prosecutors and the courts include insufficient financialassistance from the Government, and the new criminal legislature, whichdefines command responsibility as a separate criminal act.Despite the existence of regulations within the Law on Public Information,which forbids hate speech, such speech is still present in the media andthere are no examples of its sanctioning. The Youth Initiative for HumanRights has brought two charges for hate speech against daily newspapers,GLAS JAVNOSTI and KURIR. The charges against KURIR have beendenied in a first-degree process. The further processing of these chargeswill be a clear indicator of whether the courts in Serbia are willing to finallydeal with hate speech in the media.
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Implementation of Transitional Laws in Serbia 2006

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