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Human Rights in Serbia 2012 HUMAN RIGHTS IN SERBIA 2012 Belgrade Centre for Human Rights Series Reports 18 Series Reports HUMAN RIGHTS IN SERBIA 2012 LAW, PRACTICE AND INTERNATIONAL HUMAN RIGHTS STANDARDS Publisher The Belgrade Centre for Human Rights Beogradska Str. 54, Belgrade, Tel/fax. (011) 308 5328, 344 7121 e-mail: [email protected]; www.bgcentar.org.rs For the publisher Dr. Vesna Petrović Editors Dr. Vesna Petrović Vladan Joksimović Translation Duška Tomanović Photograph on the cover Mihajlo Vasiljević ISBN 978-86-7202-143-1 Prepress and printing Dosije studio, Belgrade HUMAN RIGHTS IN SERBIA 2012 LAW, PRACTICE AND INTERNATIONAL HUMAN RIGHTS STANDARDS Belgrade Centre for Human Rights Belgrade, 2013 The publication of the Report was financially supported by the Embassy of the Federal Republic of Germany and the Kingdom of the Netherlands Embassy in Belgrade. The views expressed in the Report are the views of BCHR associates. CONTENT Abbreviations. 13 Preface . 17 Introduction . 21 Summary . 27 1. Fulfilment of Obligations under International Treaties . 27 2. National Human Rights Guarantees – Legal Remedies . 27 3. Serbia before the European Court of Human Rights . 28 4. Ratification of International Human Rights Treaties . 28 5. Protection of Human Rights before the Constitutional Court of Serbia . 28 6. Judicial Reform . 29 7. Political Life and the 2012 Elections . 29 8. Powers of Security Agencies and Protection of Privacy . 30 9. Freedom of Assembly . 30 10. Freedom of Association. 31 11. Restitution of Property . 31 12. Economic and Social Rights . 32 I GENERAL CONDITIONS FOR THE ENJOYMENT OF HUMAN RIGHTS . 33 1. International Human Rights Treaties and Serbia . 33 2. Human Rights Treatiesin the Legal System of Serbia . 36 3. Restrictions and Derogations of Human Rights . 37 3.1. Restrictions of Human Rights. 37 3.2. Derogation of Human Rights . 38 4. Effectiveness of Legal Remedies for the Protection of Human Rights Provided by the Serbian Legal System . 39 4.1. General . 39 5 Human Rights in Serbia 2012 4.2. Ordinary Legal Remedies . 39 4.3. Constitutional Appeals and Effectiveness of Constitutional . Appeals . 41 4.4. Implementation of Decisions Rendered by International Bodies . 44 4.5. Recommendations . 45 5. Independent Regulatory Authorities . 45 5.1. Human Capacities and Legitimacy of the Independent . Regulatory Authorities . 45 5.2. The Funding of the Independent Regulatory Authorities. 48 5.3. The Legislative and Executive Authorities’ Reactions to the Initiatives and Proposals of the Independent . Regulatory Authorities . 51 5.4. Amendments to the Protector of Citizens Act and to the Free Access to Information of Public Importance Act . 52 5.5. Public Trust 1in and Access to the Independent Regulatory . Authorities. 54 5.6. Recommendations . 56 6. Prohibition of Discrimination . 57 6.1. General. 57 6.2. National Minorities and Minority Rights . 58 6.2.1. General . 58 6.2.2. Ethnic Breakdown of the Population of the Republic of Serbia . 59 6.2.3. Prohibition of discrimination against personsbelonging to national minorities . 60 6.2.4. Equal Participation in Public Affairs and Political Life . 64 6.2.5. Freedom to Express One’s National Affiliation . 66 6.2.6. Right to Preservation of Identity . 66 6.2.7. Use of Languages. 67 6.2.8. The Right to Full and Impartial Informationin National Minority Languages . 73 6.2.9. National Councils of National Minorities . 74 6.2.10. Prohibition of forced assimilation . 76 6.2.11. Protection of the Rights of Persons Belongingto National Minorities before Independent Regulatory Authorities. 77 6.2.12. Recommendations . 79 6 Content 6.3. Persons with Physical or Intellectual Disabilities. 80 6.3.1. General . 80 6.3.2. Employment of Persons with Disabilities . 81 6.3.3. Inclusive Education . 82 6.3.4. Deprivation of Legal Capacity of Personswith Psycho-Social or Intellectual Disabilities . 84 6.3.5. Deinstitutionalisation . 85 6.3.6. Psychiatric Hospitals and Social Care Institutions . 86 6.3.7. Protection from Abuse . 89 6.3.8. Recommendations . 90 6.4. Gender Equality and Special Protection of Women . 91 6.4.1. General . 91 6.4.2. Institutional Gender Equality Protection Mechanisms . 92 6.4.3. Special Protection of Women and Maternity. 94 6.4.4. Participation of Women in Political Life. 96 6.4.5. Recommendations . 97 6.5. LGBT Population . 97 6.5.1. General . 97 6.5.2. Public Attitudes towards the LGBT Communityand Enforcement of Regulations . 98 6.5.3. Violence . 101 6.5.4. Court Proceedings . 102 6.5.5. Discrimination against Transsexuals . 103 6.5.6. Recommendations . 104 6.6. Status of Roma – Social Vulnerability and Discrimination . 104 6.6.1. General . 104 6.6.2. Resettlement of the Residents of Informal Roma Settlements . 106 6.6.3. Recommendations . 109 II INDIVIDUAL RIGHTS . 111 1. Right to Life . 111 1.1. General . 111 1.2. Legal Protection of the Right to Life . 112 1.3. Use of Lethal Force by State Agents . 114 1.4. The ECtHR’s Judgment in the Case of Mladenović v. Serbia . 119 1.5. Recommendations . 120 7 Human Rights in Serbia 2012 2. Prohibition of Ill-Treatment and Statusof Persons Deprived of Liberty. 120 2.1. General . 120 2.2. Use of Force by State Agents . 124 2.3. Judgments Based on Evidence Obtained under Duress . 128 2.4. Living Conditions in Penitentiaries and Detention Units. 129 2.5. European Court of Human Rights Judgment in the Case of Hajnal v. Serbia. 132 2.7. Recommendatios . 132 3. Prohibition of Slavery and Forced Labour . 133 3.1. General . 133 3.2. Trafficking in Human Beings . 134 3.3. Trafficking in Human Organs . 140 3.4. Smuggling of People. 142 3.5. Forced Labour . 142 3.6. Recommendations . 144 4. Right to Liberty and Security of Person; . 145 4.1. Prohibition of Arbitrary Arrest and Detention . ..
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