LEGAL AASSISTANCE REPORT
(April 1, 2001- June 30,2001)
08/17/2002, Source: Legal Assistance Report (1 Apr - 30 Jun 2001),
Author: HCHRS
Characteristic of the observed period is the fact that the number of
reported cases by far exceeds all the previous periods. Such a large number is obviously
indicative of at least two things: that people have been relieved of fear for their lives
and the lives of their dear ones, with this relief of fear enabling easier communication
with the outside world, and the second reason is the fact that little has changed, even
though a formal change of power has taken place. The large expectations have finally
acquired the right measure. The situation in the state does not offer great possibilities,
and the citizens' stocks of money, as well as their patience are running thin.
The Republic of Serbian is being faced with a certain number of
unavoidable questions, but there is no readiness to tackle them. Cherished as a major
nonsense is the farce about a joint state with Montenegro, and in line with this, the
existence of the federal state, whose competencies do not exceed the boundaries of Serbia
Proper, is being falsely presented.
Bad about all this is the fact that not even the authorities are
prepared to familiarize the citizens with everything awaiting them in the upcoming period,
or with the things quite certainly done in the past (Srebrenica, Vukovar, Kosovo). What is
awaiting Serbia is neither easy nor pleasant, and it will be necessary to understand and
face the following:
- cooperation with the Criminal Tribunal in The Hague reached it
culmination with the extradition of the former FRY president (June 28, 2001), as well as
the procedure related to this act;
- the federal prime minister resigned, thus preventing any action by the
federal authorities, already standing on forced-out fragile political legs ever since the
federal elections in 2000;
A new prime minister designate is currently being sought, only for the
agony to be prolonged.
- the issue of the federal state's survival is becoming increasing
serious, as is the issue of the constitutions at all levels.
There is talk about proposals for the new federal Constitution, even
though no final agreement with Montenegro had previously been reached;
- Survival at any cost, especially with the help of a party (Socialist
People's Party - SNP) that has always been in a coalition with the Socialist Party of
Serbia (SPS) and which is probably also co-responsible for a large number of criminal acts
committed by the former leaders, is discrediting the new authorities' actions, and is
also considerably slowing down the state's recovery.
- the first steps in the stratification of the victorious coalition have
been made, and elections at all levels have been announced, which would mean the fall of
the republican Government and all levers of power established with great difficulty after
the republican parliamentary elections (the MP group of the Democratic Party of Serbia
(DSS) has separated from the Democratic Opposition of Serbia (DOS); republican Deputy
Prime Minister Vuk Obradovic was dismissed and the whole affair surrounding it).
- the inevitability of the true functioning of the judicial system
despite impossible conditions (there is still no state prosecutor, no changes have been
made in the federal court, most of the judges have not been replaced...).
- a series of new regulations pertaining to important spheres have been
adopted, but they still fail to be implemented, due to the balance of forces within the
highest state bodies of authority. Federal regulations are being applied only by Serbia
Proper, while, due to problems at lower levels of power (local bodies of authority
comprise at least three political options, mutually totally different), the implementation
of republican regulations, which are relatively easy to adopt (there has so far existed a
compact parliamentary majority) is lagging.
- alongside the power struggle within the victorious coalition, and also
with the remnants of the previous regime, social problems constantly continue to deepen.
If one were to choose the key words marking this three-month period,
they would be: Hague Tribunal, crime, prisons, welfare considerations and health care.
Several hundred persons addressed the Helsinki Committee for legal
assistance. Assistance was sought by citizens of Serbia, refugees and foreigners. The
number of provided pieces of legal advice exceeds the figure of 800. Seventy persons
received full legal protection.
According to their structure, the cases can be classified into several
categories;
a) Foreigners- divorce(1), cross-border travel(2), missing persons(2),
citizenship issues(1)
b) Citizens- cases concerning the work of courts (enforcement of
sentences, course of proceedings, illegality, slowness) (15), housing issues (8), welfare
considerations (5), discrimination (6), prison (7), pensions (2), Interior Ministry (MUP),
denationalization, damage, citizenship, asylum, army, administration...
c) Legal assistance within the "I Want To Go Home" project
In this period, 464 persons requested legal advice and legal services,
400 requests for subsequent inclusion into the citizenship register of the Republic of
Croatia were made, 165 requests for receiving applications for travel certificates based
on subsequent inclusion in Croatian citizenship registers were filed, 351 travel
certificates were obtained, 208 requests for travel certificates were made.
d) Refugees - including displaced persons from Kosovo-Metohija;
kidnapped Serbs from Kosovo and those against whom legal proceedings have been instituted
(3), citizenship, pensions (2).
e) Attorney assistance -
In proceedings for damage compensation to illegally mobilized persons,
70 hearings were held before the Municipal Court in Belgrade, and there were also cases
concerning various types of legal issues.
The case of Šijan against the FRY state before the Second Municipal
Court in Belgrade;
Iseni against the "Pobjeda" company before the Fourth Municipal
Court in Belgrade;
Štekovic, civil lawsuit, the Second Municipal Court in Belgrade;
Spahija Isljam, eviction from apartment, First Municipal Court in
Belgrade;
First Court in Belgrade, Virovkic against the FRY, labor litigation;
Municipal Court in Ruma, Lazic Teodor-Belegiški, lawsuit for the
establishment of facts;
Fourth Municipal Court in Belgrade, the State of the FRY against Pavla
Cajka, eviction;
First Municipal Court in Belgrade,
Second Municipal Court in Belgrade, Jelic against the GSP company, labor
litigation;
First Municipal Court in Belgrade, Spahija against housing cooperative,
eviction;
Second Municipal Court in Belgrade, Štekovic against the FRY state;
Second Municipal Court in Belgrade, Žakula against "Beograd
Sigurnost";
Fourth Municipal Court in Belgrade, Cajka against FRY, eviction.
f) New republican and federal laws adopted (April 1- June 30, 2001)
The participants in the second session of the Republican Parliament's
first regular sitting, held on April 11, 2001, adopted
1) The Law on the Tax on Personal Income (Official Gazette of the
Republic of Serbia No.24 of April 12, 2001, comes into force within eight days of its
publication)
The law pertains to persons achieving income. Any amendments and
additions can be made only under this law. The obvious aim is protection from ruling by
decrees. The tax rates were mostly increased and do not correspond to the true state in
society; it is true that, from the legal standpoint, the law is descent and harmonized
with European trends. It is obviously necessary to survive the period when European
standards do not correspond to the citizens' objective possibilities.
The law has met with strong opposition, since, following the sanctions
and the obliteration of the citizens' obligations towards the state, any introduction of
institutional frameworks is taken as a personal attack.
The second session of the Serbian Assembly's regular sitting held on
April 17, 2001, adopted
2) The Law on the Corporate Income Tax (Official Gazette No.25 of April
18, 2001, comes into force within eights days of its publication)
No major objections can be made to this law, except that, for some
incomprehensible reason, it says in one place (part of 11 laws - transitional and
concluding provisions in sub-paragraph 1) that companies would continue to enjoy the
privileged positions acquired under the previous law, until the expiry of the deadline
envisaged by the privileged contract.
The participants in the second session of the Serbian Assembly, held on
April 18, 2001, adopted four laws,
3) The Law on Income Taxes (Official Gazette of the Republic of Serbia
No.26 of February 20, 2001, comes into force within eight days of its publication
Provisions of this law pertain to taxes on the possession of real
estate. In short, it introduces high taxes for persons possessing expensive things, so
that their value corresponds to the amount of the set and collected taxes.
4) Law on the Tax on the Usage, Possession and Transfer of Assets
5) Law on Amendments to the Law on Housing
6) Law on the Tax on Financial Transactions
At the second session of the first regular sitting, held on April 23,
2001, adopted were
7) The Law on Amendments and Additions to the Law on Local
Self-government (Official Gazette of the Republic of Serbia No.27 of April 26, 2001)
The Law on Local Self-government (Official Gazette of the Republic of
Serbian No.49/99 of 1999) underwent minimal changes.
8) Law on the Payroll Tax
This law can be said to be among those comprising the package of fiscal
laws necessary for the functioning of new business relations.
At the third session of the first regular sitting, held on May 4, 2001,
one Resolution and one Law were adopted.
9) Resolution on the situation in Kosovo-Metohija and the position of
the Serb nation and members of other non-Albanian communities (Official Gazette of the
Republic of Serbia No.28 of May 4, 2001)
The Resolution expresses concern and concludes that the conditions and
state of security have deteriorated since the arrival of KFOR. Conditions for return are
increasingly few. Criticism of the work of international factors and their focus on the
adoption of regulations on local self-government, and not on the creation of conditions
for the safe life of non-Albanians, without killings and kidnappings. The Serbian Assembly
speaker stated that 94 persons were killed, 363 wounded, 29 kidnapped and 91 houses burnt
down in Kosovo-Metohija in the year 2001. Customs checkpoints are especially arousing a
feeling of unease and suspicion regarding the possible separation of Kosovo-Metohija. A
special problem is the drawing up of the "Legal framework for the temporary
self-government of Kosovo", which does not create conditions for equality; requested is
the strict respect of Security Council Resolution 1244.
10) Law on Amendments and Additions to the Law on Labor Relations
Provisions pertain to harmonization with standards. It is obviously
necessary to adopt a new and comprehensive law.
The second session of the Serbian Assembly's first regular sitting
held on May 8, 2001, adopted 7 laws.
11) Law on Amendments and Additions to the Law on Employment and Rights
of Unemployed Persons (Official Gazette of the Republic of Serbia No.29, May 17, 2001)
The regulation in itself regulates the sensitive issue of social cases,
as well as the very hard to resolve issue of the financial position of the unemployed and
those left without jobs.
12) Law on Amendments and Additions to the Law on Pension and Invalid
Insurance
13) Law on Amendments and Additions to the Law on Marriage and Family
Relations
14) Law on the Abolition of the Law on Solidarity Funds for Employees
Temporarily out of Work due to War-time Activities
15) Law on Amendments and Additions to the Law on Health Insurance
16) Law on Amendments and Additions to the Law on Social Care for
Children
17) Law on Amendments and Additions to the Law on Social Welfare and
Ensuring Social Security for the Citizens
On May 25, 2001, the Official Gazette of the Republic of Serbia
published
18) The Decree on the files of citizens of the Republic of Serbia with
the State Security (DB) becoming unclassified
The Decree was adopted as a possible response to the need for making
public the files unlawfully kept by the DB. The collected information is made accessible
to citizens, but in an inadequate form. It is possible to see the files at official
premises, without the possibility of making copies, and without the disclosure of the
persons who had informed on the citizens. The decree does not regulate the further fate of
these file, it is not known whether or not they will be destroyed and in what kind of a
procedure, and the issue of the further work on such records also remains unknown. No
citizen is able to see the file of another person. This models ranks among the most
restrictive possible file openings.
The Republican Government took a new decision on amending the Decree on
files of citizens of the Republic of Serbia with the State Security (DB) becoming
unclassified (Official Gazette of the Republic of Serbia No.31 of May 31, 2001) An
amendment in such a short period of time attests to the poor organization and preparation
of this very important issue. It is obvious that the Government does not have a clear idea
about what to do with these documents, and so it proposes halfway and unfounded solutions.
Solutions do exist in the world and they could be applied in the FRY as well. The
amendments to the decree concern its very name, so that the Decree is now called - the
Decree of offering insight into files of citizens of the Republic of Serbia kept by the
State Security. Also, the amendments strictly specify which persons can gain insight into
the files. At issue are persons considered internal enemies, those linked to extremism and
terrorism in the period from the establishment of this service to the day the Decree came
into force.
On May 31, 2001, the republican Government published in the Official
Gazette No.32 of June 7, 2001
19) Declaration on the situation in Kosovo-Metohija, obligations of the
international community and the government of the Republic of Serbia (RS)
The declaration concerns the establishment of the Government's stands
on the non-acceptance of the constitutional framework for temporary self-government since
it prejudices a final solution for Kosovo, a revision of this document is proposed, it is
considered that conditions do not exist for the holding of elections, an investigation
into the cases of missing and kidnapped persons is once again requested.
The participants in the session of the seventh extraordinary sitting of
the RS Assembly, held on June 13, 2001, adopted
20) The Law on Salaries in State Bodies and Public Services (Official
Gazette of RS No.34 of June 18, 2001)
At the session of the seventh extraordinary sitting of the RS Assembly,
held on June 21, 2001, adopted was
21) The Law on the One-off Excess Profits Tax and Excess Income Tax for
Profit and Income Acquired through the Use of Special Privileges (Official Gazette of the
RS No.36 of June 2, 2001)
The adoption of this law has provoked controversial reactions and given
rise to the same kind of arguments. At issue are arguments in favor of the thesis that
this represents the legalization of unlawfully acquired assets. As the reason for such a
decision the Government mentioned the need to fill the budget, but also the respect of the
encountered situation. Opponents believe this has made it possible for criminals to become
new capitalists and thus cover up their offenses. It is also believe that all the money
obtained in such a manner is illegal and must, therefore, be taken away. At the same time,
it is necessary to institute criminal proceedings against such persons.
At the session of the RS seventh extraordinary sitting held on June 27,
2001 a certain number of law concerning privatization were adopted
22) Law on Privatization, Law on the Privatization Agency, Law on the
Share Fund (Official Gazette of the RS No.38 of June 29, 2001)
Federal regulations - indicative are the issues to which the federal
state affords a legal form.
At its session on May 8, 2001, the Federal Parliament's Chamber of
Citizens adopted
1) The Law on Amending the Law on FRY Decorations, Law on Genetically
Modified Organisms, Law on Amendments and Additions to the Law on the Special Federal
Turnover Tax on Goods and Services for 2001, Law on Amendments to the Law on Federal
Administrative Taxes, Law on Amendments to the Law on the Federal Budget for 2001, Law on
the Fund for Stimulating the Development of Agricultural Regions, Law on Amending the Law
on the Census of the Population, Households and Apartments in 2001 (Official Gazette of
the FRY, No.21 of May 11, 2001)
The laws regulating taxes and duties at the federal level have one
shortcoming - they are applied only on the territory of the so-called Serbia Proper.
Montenegro and Kosovo-Metohija do not fall under the jurisdiction of these taxes, so that
the citizens of Serbia have an additional burden imposed by the federal state.
It is important to emphasize that the population census will be
postponed for a year. There is no argumentation for this postponement except the stated
reasons of a political nature and the pretence of the existence of the federal state.
At its session on May 9, 2001, the Federal Parliament's Chamber of
Citizens adopted
2) The Law on Amendments and Additions to the Law on Accountancy
(Official Gazette of the FRY No.22 of May 18, 2001)
At its session of May 15, 2001, the Federal Parliament's Chamber of
Citizens adopted three laws on foreign trade
3) The Law on Amendments and Additions to the Law on Foreign Trade, Law
on Amendments and Additions to the Customs Law, Law on the Customs Tariff (Official
Gazette of the FRY No.23 of May 24, 2001)
Official Gazette of the FRY of May 25, 2001 published
4) The Decision of the FRY Government on the Appointment of the
Chairman, Deputy Chairmen and Members of the Federal Government's Commission for
Establishing the War Damage Caused by the NATO Aggression Against the FRY.
The commission chairman is Zoran Šami, federal minister of
transportation, and his deputy is Miodrag Kovac, the federal minister of health care and
the welfare policy. The elected members of the commission are: Dragiša Pešic, federal
finance minister, Milan Pak, Law Faculty professor, Zoran Živkovic, federal interior
minister, Dušan Mihajlovic, Serbian interior minister, Miodrag Živkovic, director of the
Federal Bureau of Statistics.
At its session on June 23, 2001, the federal government adopted
5) The Decree of the Procedure for Cooperating with the International
Criminal Tribunal (Official Gazette of the FRY No. 30 of June 23, 2001)
The Decree was adopted without the presence of government members from
the SNP and it regulates cooperation with the Tribunal, since the Law on cooperation had
been withdrawn from procedure. The document contains a description of the procedure for
extraditing persons indicted for war crimes.
On June 22, 2001, the Federal Parliament's Chamber of Citizens adopted
6) The Law on Amendments to the Law on the General Administrative
Procedure, Law on Amendments and Additions to the Law on Federal Court Taxes, Law on
Establishing the Total Amount of Funds for Financing the Provisions of Facilities
Necessary for Accommodating Refugees and Internally Displaced Persons on the Territory of
FRY in 2001
The Official Gazette of the FRY - International agreements, published
on May 11, 2001 laws on the ratification of international agreements;
7) Law on the Ratification of the Annex to the International Convention
on Standards of Training, Certification and Watchkeeping for Seafarers, Law on the
Ratification of Acts of the Federal Postal Union, Law on the Ratification of the FRY's
Joining of the Customs Convention on Containers, Geneva 1972, Law on the Ratification of
Instruments for Amending the Constitution of the International Telecommunications Union
and Instruments for Amending the Convention of the International Telecommunications Union,
Law on the Ratification of the Agreement between the FRY and the Republic of Macedonia on
Social Insurance, Law on the Ratification of the Agreement between the FRY and the
Republic of Croatia on Social Insurance, Law on the Ratification of the Agreement between
the FRY and the government of the Republic of Italy on the Mutual Stimulation and
Protection of Investments, Law on the Ratification of the Agreement between the FRY and
the Government of the Republic of Korea on Avoiding Double Taxation Related to Income and
Property Taxes, Law on Ratification of the Agreement between the Republic of Macedonia and
the FR Yugoslavia on Delineation and Description of the State Border, Law on the
Ratification of the Agreement on the Establishment of Special Parallel Relations between
the FRY and Republika Srpska, Law on the Ratification of the Agreement between the FRY and
the Government of the Republic of Bulgaria on the Return and Reception of Persons
Illegally Residing on the Territories of the Two States, Law on the Ratification the
European Convention on Recognition and Enforcement of Decisions Concerning Custody of
Children and on Restoration of Custody of Children, Law on the Ratification of the
Agreement between the FRY Government and the Government of the Czech Republic on Mutual
Assistance in Customs Affairs, Law on the Ratification of the Agreement between the FRY
and the Government of the Russian Federal on Free Trade betwen the FRY and the Russian
Federation.
8) Law on the Ratification of the Addition to the Agreement between the
FRY and the Government of the Russian Federation on Granting the FRY a State Credit for
Financing the Deliveries of Russian Equipment, Goods and Services of December 3, 1997, Law
on the Ratification of the Agreement between the FRY and the Ministerial Cabinet of
Ukraine on the Mutual Stimulation and Protection of Investments.
Characteristic of the adopted regulations is the fact that those at the
republican level are mostly new ones, while it is only amendments and additions that are
adopted in relation to federal regulations. In view of the situation in the federation,
such action by legislative bodies is appropriate.
I FOREIGNERS
Apart from legal advice requested by persons and organizations from
abroad, on this occasion we also consider foreigners those persons who became foreigners
from the aspect of international law after the disintegration of the former SFRY. Having
lived in the joint state of the SFRY until 1991, these persons acquired certain rights and
obligations towards persons from the present-day FRY. Problems of this nature are still
not on the agenda of state bodies, and it is as if they do not exist at all. In resolving
them, it is necessary to revise the possibility of crossing the border, to have strict
respect of the laws where they exist, to conclude a large number of bilateral agreements
which would facilitate and accelerate the resolution of various issues. The Yugoslav Law
on Dual Citizenship was a major relief in this regard, although the legal effects of such
a situation are not absolutely known. There is still no explanation for cross-border
travel between the FRY and the Republic of Croatia with the use of passports acquired
under the law on dual citizenship. So far, passports have been hidden and shown at
opposite borders...
a) Crossing the state border
The crossing of the border between neighboring countries, once part of
the same state, has been regulated in various manners. Attempts are now being made to
resolve the issue in a legal manner and to eliminate all machinations and unlawfulness.
Two things present themselves as problems. One is the visa regime and the use of passports
by dual citizens; the second is the issue of cross-border travel by former citizens of the
SFRY concerning their rights to carry foreign currency.
D. Morovic from Belgrade, a citizen of Croatia and the FRY, does not
dare pass the state border with her Croatian passport, since she had been compelled to
hide it until now. Following the amendments and additions to the Law on Yugoslav
Citizenship, this issue should not present itself as a problem. However, this is not how
things stand in practice, and there are also no by-laws regulating in greater detail the
issue of cross-border travel by dual citizens (Serbia and Croatia). This is not an issue
in the case of dual citizenship when in question are states that were not members of the
federation of the SFRY.
When an explanation was sought at the Serbian Interior Ministry (the
truth be told, the authorities of the Republic of Croatia do not create problems) it was
not possible to determine for sure whether these persons would have a problem when
crossing the FRY border with Croatia if they show their Croatian passport but have
permanent residence in the FRY. All that is important in this case is for the persons with
dual citizenship to have the same address on both travel documents. Over the past years, a
certain number of refugees and citizens of the FRY who had citizenship status in Croatia,
obtained their documents in the Republic of Croatia based on addresses at which they were
registered for this sole specific purpose. These persons will have to harmonize their
documents by obtaining a travel document containing the address of their permanent
residence at the consulate of the Republic of Croatia in the FRY.
On March 13, 2001, when crossing the border at Surcin airport, Fahrija
S. from Tuzla, a citizen of Bosnia-Herzegovina was kept for inspection, on the occasion of
which 3,100DM were taken away from her. She was traveling to Prague, but she found herself
at Surcin because the costs of the Belgrade-Prague flight were more favorable. She was
going to visit her daughters who have been living there since the war, and was carrying
the money with her for medical treatment badly needed by one of the daughters. She
obtained the money through a pensioner credit. Fahrija did not know that she was supposed
to report money when entering the FRY and thus acquire a transit status, but she rather
showed the entire amount she was carrying with her to the customs officer at passport
control, strongly believing that there would be no problems in this regard, otherwise she
would have tried to hide it. When the money was taken from her, she was told that it would
be returned to her on her return. The money has not been return to date, despite requests
filed to the responsible body - the federal hard currency inspectorate.
When she entered the FRY again, the border police did not issue this
person a certificate on the money she brought into the FRY in order for her to be
protected when leaving the FRY.
For over two months, the Helsinki Committee has been waiting for a
response from the federal hard currency inspectorate in regard to this case and the
possible resolution of this legal situation. The trend of disrespecting the law in the
case of border crossing obviously continues, and habits are especially difficult to change
when kept money needs to be returned.
b) Divorce and issues of custody of under-age children
These issues have been attracting attention for a decade now, and their
placement at the top of the list of priorities is, above all, a moral issue. When the
disintegration of the SFRY and the wars in the Balkans started, there appeared the
frequent practice of kidnapping one's own children, and the prevention of the other
parent, of a different ethnicity, from seeing his or her child. Of course, the reasons
here primarily concern inter-ethnic intolerance, but also the lack of care on the part of
the states involved in the legal disputes, or more precisely their support of such acts by
individuals who are citizens of the newly created states. Practice has shown that the
state invariably protects its own citizens, so that if the child is found of the territory
of that state, even if it had been brought illegally, it stays there through the
assistance of courts and other state bodies. This practice is slowly changing, since
inter-state relations are also changing. The situation is now somewhat better, but even
now it is necessary to engages lawyers and NGOs in order for the father to allow the
mother to see their joint under-age child.
Sanja Dražic from Tenja, the Republic of Croatia, concluded a marriage
in Osijek with Dragan Dražic. Until the outbreak of the war they lived in Croatia where
their elder child was born. In 1991, they fled to the FRY, where they took up permanent
residence in Kukujevci. The husband has a permanent job, and in 1996 their son was born.
Already then their mutual relations considerably deteriorated. She became seriously sick,
while the husband's requests for her to leave the house and return to her parents in
Croatia became increasingly rough. In 1999, she obtained Croatian documents for herself
and the children with the intention of returning to her parents. Her desire was for them
to part in a civilized manner and without any further stress, but the husband did not
agree to this. He allowed her to take the elder daughter, but absolutely refused to let
the little son go. In mid 2000, she left and took the daughter with her. From that moment
on, she had no contacts with the younger child. The husband explicitly forbids all
meetings or any other contact. He even refused to allow the brother and sister to see each
other.
The intolerance and actions out of spite, despite the harm being done to
the minor, are obvious. The Helsinki Committee has taken measures to divorce this marriage
before the responsible court in Šid and to regulate in this manner the mother's right
to see the child. The request stated that, in view of the minor's age, it would be wiser
to award the child to the mother. More will be known about this case when the procedure is
completed. For the moment, agreement has been reached through out-of-court activities for
the client to see the son in normal circumstances. Awaited now is being the decision of
the court in the FRY before which the Helsinki Committee is representing the rights of
this mother.
II CITIZENS
Since October 5, 2000, state bodies of the FRY and the Republic of
Serbia have been trying to establish some kind of frameworks of a legal state. These
attempts have mostly been unsuccessful. The reasons for this are large and profound;
poverty, good will, the past and facing it in the full sense of the work, habits, the
mentality of the citizens, but of politicians as well, political ignorance, as well as a
lack of experience in the technology of ruling, the unconscious repetition of the previous
regime's methods and manners of conduct. The most farcical is the idea about the rule of
law when this institution is applied at random and used when necessary. The legalism of
the president of the state has its ups and downs. The application of this principle is
sporadic and mostly with political undertones. There is no need to mention all the
segments which the federal authorities' legalism does not reach, while legalism is
exercised in the segments that are accessible and when this is assessed to be profitable.
The latest example is the case of the extradition of former FRY
president Slobodan Miloševic to the International War Crimes Tribunal in The Hague. On
that occasion, legal norms were toyed with. The federal state opposed this act through the
president and the Federal Court, even though it is not in the position to apply this in
the other federal unit, and the Montenegrin leadership independently took a decision on
cooperation with the Tribunal, while illegal actions were ascribed to the leadership of
the other federal unit. In this situation, like in many similar ones, the farcical nature
of the federal state is obvious. Due to everything that has been said, it is difficult to
see an end to the fiction which the FRY has been faced with for a number of years now. The
building of democratic institutions, the rule of law and human rights are still at the
level of experiments and this procedure will probably inevitably be embarked upon, since
there is no other choice or alternative. Once we know the state borders of this something
we still do not know the name of, we will be able to start improving the social position
of the totally impoverished citizens, arrange jails according to European standards, build
tolerance, revive the work of courts and the prosecutor's office and declare a merciless
war on corruption and the mafia-type way of doing business which is still present and very
powerful. For the moment, the transitional situation and the process which has been
embarked upon are only additionally irritating the citizens and are leaving them without
hope that they have something better to look for.
a) Problems concerning the work of courts
This sphere abounds in problems, but also in inabilities to resolve
them. Changes in courts in regard to the method of work, but personnel changes as well,
are progressing very slowly and inadequately to the needs of the society after the
establishment of the new authorities. The complaints about the work of judicial bodies are
various and they confirm the need for a comprehensive reform (a new law on courts in
currently being drafted). However, one can say even on the basis of previous experiences
that it is the implementation and not the adoption of laws that is a greater problem. The
most visible are the problems concerning the work of the judiciary on the territory beyond
the reach of the FRY judiciary and law. Obviously in retaliation for this, a large number
of prisoners of Albanian nationality is being held in jails in Serbia, where they are
serving various types of prison sentences, and they have not been amnestied or have been
partially encompassed by amnesty. The manner in which members of the Albanian nationality
are tried still has the taste of retribution and can hardly be considered fair and
correct.
Gashi Erjument was serving a prison sentence at the jail in Istok when
the NATO intervention against the FRY began. In June 1999, he was transferred to the
penitentiary in Sremska Mitrovica. A week before the expiry of the sentence for which he
was jailed, the decision on the extension of his detention arrived. On May 25, 2000, the
main hearing was held and it did not last more than fifteen minutes. Without a single
piece of evidence or any witness, he was sentenced to four years of imprisonment for the
criminal act of serious robbery on the basis of article 166 of the Republic of Serbia's
Criminal Law. He was charged with the robbery of the prison safe in Istok, an act
perpetrated together with several other people. Another two Albanians were convicted as
well. The proceedings were conducted before the Leskovac court, which is in charge of
trying persons from Prizren on an ex-territorial basis. This sentence was confirmed by the
Supreme Court of Serbia on November 16, 2000.
Such proceedings, conducted and completed at a time heavily burdened by
the events of 1999, must be subjected to revision and it must be made possible for the
convicted persons, regardless of the passed sentence, to prove their possible innocence in
a legal court procedure.
As regards Serbs charged with various criminal acts before courts in
Kosovo-Metohija, the situation is somewhat different. It is proceedings for war crimes
that are predominantly conducted, mostly on the basis of witness statements, and with the
witnesses being of a single nationality. Court trials are conducted on the basis of laws
from 1974, and it is now parity Councils, which are difficult to outvote, that are
conducting the trials. This is especially true of the Supreme Court of Kosovo, which is
presided over by a representative of Finland who is the guarantor of fair and just court
trials in this period.
The District Court in Kosovska Mitrovica has convicted Miroslav Vuckovic
for the criminal act of genocide based on article 141 of the Yugoslav Criminal Law and has
sentenced him to 14 years of imprisonment. The prosecutor in the case was Jusuf Mejzini,
and the president of the Court Council was Mahnut Haljimi. The chief witness of the
prosecution was also an Albanian. The sentence was passed on January 18, 2001 and was
handed to the accused. The deadline for deciding on the appeal has still not passed, which
gives hope that that the evidence used by the prosecution in the proceedings would be more
objectively evaluated.
Yet another Serb convicted by Kosovo courts is Miloš Jokic whom we have
already reported on. In his case, the Supreme Court of Kosovo-Metohija revoked the
sentence of the first-instance and returned the case to the lower court for revision. An
acquittal is expected in this case.
Radoslav Kostic from Kosovska Mitrovica was arrested on June 5, 2001,
when responding to a court summons for regulating apartment issues. He was charged with
the criminal act of genocide and one-month detention was set. He was appointed an
attorney.
The Helsinki Committee will establish contact and attend the trial if
the prosecutor raises charges following the investigation, which is soon expected.
b) Complaints concerning work and legality
The lack of personnel and adequate legal frameworks for the free
performing of judge duties have given rise to the citizens' dissatisfaction with the
work of courts and their efficiency. The complaints are various and they concern biased
judges, the interference of politics in their work, but also unlawful and malevolent acts
by individual judges.
Žarko Komlenski from Paticevo was sued for annulling a contract on
life-long support and a gift. The proceedings are being conducted before the Municipal
Court in Ruma. The first-instance sentence was revoked twice by the Supreme Court of
Serbia and it is now before the court of first instance for the third time. The municipal
judge in both first instance procedures was Ružica Milanovic-Crnomarkovic. The complaint
concerns the work the mentioned judge who pays no heed to the instructions of the Supreme
Court, since she obviously has some kind of interest in the entire affair.
For the moment, no penalties are envisaged for judges who act in such a
manner. The responsible bodies obviously do not have an insight into the work of judges,
and even when they do, they do not have the personnel to make replacements.
The Serbian Royalist Movement of Kragujevac has complained about the
work of the Municipal and District Courts in Kragujevac since, as they claim, cadre of the
old regime still rule there. Such courts still discriminate against citizens in various
manners. They especially point to the work of judge Ivan Milojevic and prosecutors Radiša
Matic and Dragica Lojanica. All three of them are prominent members of the Socialist Party
of Serbia (SPS) and the Yugoslav Left (JUL) and they truly did condone the violation of
all the citizens' rights over the previous years. According to testimonies of convicted
persons, these three relieved of responsibility even the most serious rights violators for
money. Member of this organization Zoran Nikolic was sentenced to 13 years of imprisonment
for having hit in a fight a person who later died. According to him, these three court
employees requested the sum of 20,000DM for a sentence of less than five years.
The cases of corrupt courts are not sporadic and this is yet another
reason why the change of judges and the strict supervision of their work is imperative.
Yet another link in the functioning and interaction of courts and
penitentiaries seems to remain a mystery and adequate responses still do not seem to
exist. Prisoners serving sentences continue to maintain contacts with various bodies,
which is not envisaged by the law.
Slavoljub Jovanovic, born in 1972, on December 11, 2001, received the
death penalty for murder. He was awaiting the execution of the penalty and the
confirmation of the sentence by the Supreme Court at the penitentiary in Sremska
Mitrovica. At issue is a person with serious health problems. Without any explanation or
documents issued by responsible bodies, in the middle of the night, the convict was beaten
up by the special police and, without any explanation, transferred to another
penitentiary, to the pretrial detention unit.
There is still no explanation for such an act. At Sremska Mitrovica they
have no response, and at the new prison they are unfamiliar with either the reasons for
his transfer or his placement under protective custody. Apart from its unlawfulness, this
act also places someone sentenced to death in an even worse position, since he is denied
all the rights he is entitled to as a convicted person. The fact that he is in protective
custody denies him the right to visits, packages, contacts etc. The Justice Ministry of
the Republic of Serbia has not responded to the Helsinki Committee's inquiry about the
reasons for such conduct. Since he is in detention, he is obviously under the jurisdiction
of the district court, but it is not known whether some new detention will be set for him
or whether something else would be done to afford this act of self-will some kind of form.
As regards enforcement, trends from the past seem to continue. The most
sensitive part of transforming a non-legal state into a legal one is precisely the issue
of enforcement. These are still no solid mechanisms obliging bodies and
individuals-executors to perform their functions.
Zoran Vasovic from Niš has been trying to get the sentence passed on
May 28, 1996 enforced. The sentenced was passed in a labor litigation against the Justice
Ministry of the Republic of Serbia, and the ruling was that the employee be returned to
work. Since the Ministry refused to act upon the ruling, the plaintiff submitted a
proposal for enforcement to the responsible Fourth Court in Belgrade which ruled in favor
of the enforcement on April 21, 1998. At the same time, the court fined the Ministry for
not executing the court ruling. However, the court took no other actions towards
enforcement. The mentioned sentence No.13/96 has still not been enforced.
Ljubina Belic from Belgrade is also unable to get a sentence from 1998
enforced. She has informed the responsible bodies about this, and has drawn attention to
the conduct of the responsible court and members of the Serbian Interior Ministry who are
obliged to assist in compulsory enforcement.
The duration of court trials often exceeds the time-frames within which
they must be completed. It is not good for the rectification of any decision to last over
ten years. Thus, the work of courts could become senseless.
Stevan Milovanovic, Dušanka Antovski and Gordana Kopše from Belgrade
have been engaged in a lawsuit against the "Vodovod i Kanalizacija" company of
Belgrade over labor regulations for 12 years now. Alongside with this, legal proceedings
concerning housing issues and several criminal proceedings have been ongoing as well. So
far, there is no intimation that these long proceedings could be completed. One cannot see
any measures being taken to prevent the abuse of the judiciary, which is most often done
through the procrastination of proceedings.
Without a radical reform, but also the education of employees who would
change the established habits, there will be no progress towards just and fair trials. The
lack of adequate court protection will produce new injustice and help the further
development of corruption and the unlawful work of powerful individuals.
c.) Prisons in Serbia
The situation in prisons will obviously be the first test of the new
authorities' intention to join the company of European nations. The types of unlawful
actions taken against prisoners during all these years are not unknown. Prisons have
become places for the demonstration of the self-will of powerful individuals, as well as
the places of the terrible physical and psychological torture of prisoners. It was not
possible exactly to determine which of these conditions were worse; either physical -
the poor conditions of the facilities and the equipment in them, or the pressures and
beatings by prison staff. In this regard, but also because of the need to establish the
true situation in prisons in Serbia, for two months now the Helsinki Committee has been
performing the monitoring of prisons. This been enabled by the Justice Ministry which has
issued legal permits to the members of the monitoring team. Apart from jurists, the team
also comprises a certain number of experts in direct contact with these spheres
(psychiatrists, psychologists, adult-education specialists, pedagogues, physicians). The
monitoring procedure includes the examination of the accommodation conditions, as well as
the inquiry of the inmates who, without the presence of prison guards, can speak about
their needs and the fulfillment of these needs. The monitoring team bases its work on the
rules of the European Community as well as a number of conventions banning the torture of
prisoners. The difficulties are of an objective, but a subjective nature as well. It is
necessary to instruct prison employees in order for them to understand their changed role
as soon as possible.
When visiting the Central Prison in Belgrade, which is actually not a
correctional institution, one could notice that the conditions there were poor and that
speedy and radical investments were necessary. The only descent wing is the one in which
the former FRY president was kept until recently. Found in this prison were also some
seventy Albanians who were transferred there after the October prison riot in Sremska
Mitrovica and who are serving their prison sentences there under conditions of detention.
At issue are not only those tried for the criminal act of terrorism, but also a large
number of them (around 40) who were brought to Serbia after the withdrawal from the
territory of Kosovo-Metohija, and who were sentenced for criminal acts that had nothing to
do with criminal acts against the state. They describe themselves as "ordinary
killers".
It is not known why they are serving their sentences outside Kosovo. It
is only known that in this manner, they are, through no will of the prison staff, deprived
of many rights they would have in their own places of residence. They do not have
visitors, their relatives from Kosovo are unwilling to come to Serbia, especially younger
men, they receive no packages since it is difficult for them to arrive from there, they
get no weekends off for good behavior, and no annual vacations, since they cannot leave
the territory of Serbia Propose. There is not one single legal reason for them to stay in
Serbia, so that it is, therefore, necessary, to request their handover to bodies in
Kosovo-Metohija.
In other jails there also exist problems called "Albanians". The
treatment of these people has not significantly improved since the establishment of the
new authorities, except, as the prisoners themselves say, they are no longer physically
maltreated. Furthermore, they are somehow deprived of most of their rights by inertia.
Haki Demcanaj who is serving his sentence at the district prison in
Zajecar is requesting a transfer to the penitentiary in Niš. He and the other inmates
have, for years now, been under strict protective custody which prevents them from having
contact with their families.
One gains the impression that this is a way to exert pressure on the
prisoners, without subjecting them to physical torture. Protective custody is used as a
means of abuse and of creating a feeling of insecurity among persons who already feel
insecure.
d.) Housing issues
Remnants of the previous regime are most visible in this sphere.
Apartments have always been a means for manipulation and for buying people and making them
act in a certain way; those who were "close" and suitable always had the advantage.
There are various types of malversations, but in most of the cases they
are "covered by the law".
In a state with large social problems, with a million unemployed people,
with over a million people without apartments, with 500,000 refugees and displaces persons
whose housing problem has not been solved, the resolution of housing issues offers broad
opportunity for abuse.
Slavica Davidovic-Cuk from Belgrade, has been engaged in a lawsuit
against Jugobanka in Belgrade over the granting of a credit for the improvement of living
conditions, since she has already partly solved her housing problem. She has filed a
lawsuit since she is not in the position to achieve her rights within the regular
procedure. She believes this is happening to her because of her knowledge about the work
of the administration and unlawful activities in the previous period. She has spoken
publicly about her knowledge.
Specific are the problems of artists and those who depend on the will of
the state. Leading artists can obtain and request an apartment only if the republican
ministry were to decide to award it from its funds. It is not difficult to imagine how
much money and good will there is for people from the spheres of arts and culture.
This is why a prima donna of the Belgrade opera does not have an
adequate apartment and space to practice and prepare her roles. Such requests and
complaints seem tasteless to competent bodies at a time when the poverty of the population
has reached its culmination. The questions remains as to whether there is room for culture
and art, and whether all the irregularities will continue to be covered up with
lamentation, and not tackled through specially designed programs.
Manipulation with priority lists is still the reason for courts
proceedings in which the individual tries to resolve his rights concerning housing issues.
Priority lists keep changing and favoring the like-minded.
Several persons from the company Zorica Tratnik from Belgrade was
working for got involved in her case before she became seriously sick, the court
proceedings are under way and are likely to have an unfavorable outcome. The legal grounds
for acquiring the right to an apartment on the basis of the priority list will probably
not produce a favorable outcome for the party.
The sphere of apartments and their use will burden the judicial system
for yet a number of years to come, since the buy-up has been completed, while all the
unsolved cases are about to be completed.
e.) School system - Ministry of education and sports
A sensitive segment of society such as education requires maximal
efforts and fully coordinated legal regulations. At the same time, it is necessary to have
the personnel that will adequately deal with the education of children, and apart from
educating, the sphere of education also implies certain lessons in ethics and aesthetics.
The school system in Serbia, including high education, has been neglected for years, so it
was a springboard for a certain number of persons. Some found here the satisfaction of
their years-long frustrations. The majority, meaning pupils and students, did not have an
opportunity to become frustrated, but neither to acquire true knowledge. Several
generations missed their chance to obtain adequate education, since there were often no
classes at schools or the university. Long non-attendance due to strikes by dissatisfied
teachers and their lack of interest in work have produced halfway solutions. The previous
authorities believed that it would be easier to achieve their desires if they have
semi-educated people. When everything was over and when the famous Law on the University
was abolished, those well-intentioned thought this agony would come to an end. Some were
especially encouraged when a respectable professor from a party whose orientations are of
a civic, and therefore democratic nature took up the post of minister of education and
sports. It seemed that there would be no more unlawful decisions, that no one will resort
to the abuse of office. That only the capable and hardworking would be elected, while the
executive authorities would cooperate on a daily basis with citizens and employees and
thus hear and take into account their requests. The period of autistic authorities is,
unfortunately, still not over in Serbia. Only a few months after his appointment, word got
out about illegalities produced by the minister of education and his cabinet. Worst of all
in this regard is the fact that acts and statements are often contradictory, which
corroborates the thesis that there is no consistent stand on how to handle this important
sphere. Strikes were staged in schools of various profiles, a debate on the introduction
of religious teaching into schools has been imposed, teachers are dissatisfied with the
appointment of new directors and the manner in which this is done. There are no sanctions
for those who worked poorly until yesterday. On the contrary, cloaked in new parties, they
are once again taking up their old posts. It seems that turncoats are nowhere as numerous
as in the sphere of education. Most school staffs, predominantly in high schools,
dissatisfied with the situation, are requesting to hear the minister who, surprisingly
enough, does not have understanding for the requests of the employees, but rather once
again places them in the position of the undesired. The newly appointed deans, enchanted
by the newly acquired power, are placing themselves above the law, selflessly getting even
with the previous deans. Those affected by all this are pupils and students who have
already suffered more than enough at the hands of irresponsible authorities.
A group of teachers of the electric power industry school in Krnjaca has
addressed a request to the minister of education for receiving assistance from competent
bodies in resolving the accumulated irregularities in the work of the school. In their
request they state that, among others, the greatest problems include the fact that
teachers do not hold classes, that they come to school in an intoxicated state, that they
take bribery, that employees are punished by having their salaries withheld without any
official decision, trade union work is banned.. The ministry has taken no steps in
regard to this request, so the employees went on strike. No one paid any heed to the fact
that the students were unable to finish their school year. Interests have nothing to do
with students.
The opposition's assumption of power and the establishment of the
institution of acting deans at the university resulted in the first act which indicated
how things would be done in the future.
The acting dean of the Belgrade Faculty of Fine Arts adopted the
decision to suspend a number of newly accepted students (11 of them). The decision
formulated the dean does not contain elements necessary for a document to be valid legal
act. She signed the decision as the dean even though, under the valid regulations, she had
not been appointed to that position. The decision contains no explanation, but rather only
demonstrates the principle of the self-will of a person who sees herself as the absolute
power-holder. The eleven first-year students filed a lawsuit which they won in an
administrative procedure, whereby the decision of the newly appointed dean was annulled.
Those in charge refuse to return the students to classes, even though they are paying
fines - it is not good to ask where this money it taken from. Since it became obvious
that at issue was the dean's self-will, there was no other solution but to file a
lawsuit for compensating the damage caused by the loss of a school year and for the return
of the paid school fee. Since the education minister became involved in the whole affair
late and in a unprincipled manner, he had no choice but to adopt a new decision and thus
resolve the case. His decision confirmed the dean's previous stands. This decision,
formulated in an even worse manner from the standpoint of form, is now also before the
Supreme Court. Awaited is being the decision of the highest court in the administrative
procedure. The court trial concerning the damage caused to these young people will take
place in autumn when a favorable outcome is expected. For the moment, the students are
waiting, and the minister, together with the dean, are producing falsehoods and
illegalities.
The Helsinki Committee has an attorney on this case, who will tend to
legal issues before the court.
f) Health care - minister of health care
This sphere, even though important for the lives of people, is not
functioning in accordance with its tasks either. Here too, the numerous years of robbery
and unlawfulness have resulted in a total collapse. The lack of medicine and equipment is
a usual occurrence. The fact that doctors and other staff members take bribes is no longer
strange or unknown to anyone. The highest officials in the health care system have already
been arrested under charges of abuse and the acquisition of non-legal gain. Affairs
concerning medicines and the directors of hospitals and health centers are creating a bad
reputation for the Health Ministry and new mistrust. Due to large pressure by the public
and people employed in the health care system, the Serbian Government has formed a
Commission which is to file a report on the work of the Ministry and the minister himself.
The conduct of the health minister is the result of political divisions and animosities
within the victorious coalition. Abusing such a situation, the minister appointed new
heads of health institutions, which provoked general dissatisfaction. The fact that he
paid no heed to the opinion of employees and the needs of the institutions, and also that
he imposed old cadre, did great harm to the health care system; it resulted in strikes,
even hunger strikes of the staff of a Belgrade health center. Such acts bring into
question the functioning of the already ruined institutions. For ten years now, health
institutions have not been keeping abreast of world trends, either scientifically or
technologically. The conditions for medical work are increasingly difficult and they boil
down to the basic health care. Major robberies in the health care system over the previous
years are not being clarified in court proceedings. They include embezzlement and major
abuse, while it is as if the work of the new Ministry is creating conditions for the new
regrouping of funds and power in this most sensitive segment of the society and human
life.
Tošic Bogoljub from Bor complains about the work of health institutions
in this town. The accusations concern non-conscientious medical practice and inappropriate
treatment. When he informed the public about his problems through the local newspaper, the
problems enlarged.
The health minister did not bypass even the most sensitive segment of
this sphere. The Drug Rehabilitation Institute in Belgrade also became the target of such
activities. The employees and trade unions believe someone has cast an eye on their
institution. They have a building in an elite part of Belgrade, as well as approved funds
for a project for preventing drug-addiction. Those who have never seen a drug-addict wish
to decide on the work of this institution. Actually, in this case as well, the health
minister took the decision to appoint a new director, even though the institution had
already had a director capable of running the institution and who had already taken
measures for its recovery. The imposed solution, apart from being characterized by
personal and professional inadequacy, is also contrary to this institution's statute.
This decision is before the Supreme Court and its annulment is being awaited. In order to
eliminate formal shortcomings, the minister, with the help of his people, is trying to
change the Statute in a manner that would directly eliminate the inadequacy of the
newly-appointed director. This is the situation only on paper. The employees are
preventing the newly appointed director from taking over his post, by preventing, together
with the trade unions, his entry into the offices and the handover of the seal and
everything else. Because of this, the minister keeps sending his deputies to frighten and
threaten them in an effort to gain their obedience. The employed psychiatrists,
practitioners, assess the minister's conduct to be violent and arrogant. In their
struggle they have addressed all bodies of authority involved in the issue, the media,
NGOs and anyone who would be in the position to put an end to the self-will of the new
minister.
The game of appropriating what belongs to others is obviously not over,
nor have the protagonists of the white mafia completed their work. They are now only
compelled to do this indirectly and to include in their ranks new, now suitable
personalities from this world.
g.) Discrimination
The attitude of the majority towards everything that is different on the
territory of Serbia has in no way changed. The number of visible discriminatory acts is
somewhat smaller, but their intensity and forcefulness have a growth trend. The Serbian
heterosexual and Orthodox majority has the absolute domination which allows no change.
Attempts at introducing religious teaching into schools and the fact that all small
religious communities are proclaimed sects point to the tendency of bringing the church,
not the religion, the through the front state door. Resulting from the so far visible
events is new national discrimination towards persons of the Montenegrin nationality.
Olgica Šarac from Belgrade is employed at the >Ratko Mitrovic<
primary school as a teacher. She is a member of the Christian Baptist church. Since April,
she has started feeling the consequences of her affiliation with the mentioned church.
Svetozar Kovacevic, a teacher at the same school, started writing articles in the
newspaper claiming that she belonged to a sect and was, thus, corrupting the children she
teaches. His articles are at the same time a call for a lynch. This is done with methods
that could be described as outdated, but very effective. Leaflets are printed and
distributed. They mention her affiliation with the church, but they also anathematize the
teachers who are in goods relations with her.
For the moment there are no methods for resolving this situation, since
there is no public opinion that would react to such conduct, and there is also no court
protection for this problem, or it is at least difficult to constitute it.
No lesser is the intolerance of the environment towards homosexual
groups and their members.
The non-tolerance of differences brings groups and the largest number of
individuals to the verge of rage, so that one is never certain when such conflicts will
escalate. Homosexual groups, encouraged by the changes in Serbia, organize high risk
gatherings which usually end unfavorably for them. Of course, this does not mean that one
should hide and appease primitivism.
On June 30 this year, homosexual groups held a gathering in an effort to
celebrate their holiday. The organizers properly advertised this event and reported it
regularly to the police. Prior to the gathering, pro-fascist groups stated that they would
not allow such a gathering to take place. There is no need to speak about further
disqualification and insults. Young fascists did carry our their threats, so the gathering
was not held. At the very beginning, members of homosexual groups were physically
attacked, and many even sustained physical injuries. Unfortunately, the police did not
react adequately to protect these groups. It would be incorrect to say they were
unprepared, but rather they did not have the will overly to interfere. Things were brought
to order only when members of the Serbian Interior Ministry were physically attacked.
Members of these groups have been greatly intimidated and, after these
events, they requested the assistance of other NGOs. The Helsinki Committee offered the
necessary legal assistance. It frequently maintains such contacts and always when this is
requested of it. No criminal charges have yet been filed, since large fear has been
instilled, which was precisely the intention of the perpetrators of these offenses.
Especially emphasized was the bad attitude of the environment, the citizens who were
present at that place in the center of Belgrade and who encouraged the offenders either
peacefully or by cheering.
h.) Welfare considerations
A broad sphere, encompassing the largest part of the population, but
also groups that have been brought to the verge of poverty. The forms of abuse are
various, the state's possibilities are practically non-existent, while aspirants towards
this type of protection are increasingly numerous. Unemployment is on the rise, but
expected is also a new layoff trend of those formally working, on so-called compulsory
vacations. Social institutions are working with limited possibilities. All sorts of things
come to people's minds so as to facilitate, at least mentally, their unbearable
position. The price of electricity increased several-fold which
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