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Human Rights in SERBIA the Recipients of the Services of the Exercising Their Human Rights

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Human Rights in SERBIA the Recipients of the Services of the Exercising Their Human Rights SOME OTHER PUBLICATIONS OF THE BELGRADE CENTRE FOR HUMAN RIGHTS The Belgrade Centre for Human Rights The Belgrade Centre for Human was established in 1995 by a group of human Rights (BCHR) has been publishing its Series HUMAN RIGHTS rights experts and activists as a non-profit, synthetic and comprehensive reports HUMAN non-governmental organisation. The main Vojin Dimitrijević – Milan Paunović – Vladimir Đerić, on the state of human rights in the purpose of the Centre is to study human Human Rights– A Textbook (in Serbian), 1997 country since 1998. The purpose of rights and humanitarian law, to disseminate these synthetic reports is to analyse Andraž Zidar,Lustration (in Serbian), 2001 knowledge about them and to educate indivi- all the collected information about the Christian Tomuschat, Human Rights between Idealism and Realism RIGHTS duals engaged in these fields. The Centre events and actions affecting the state (in Serbian), 2006 hopes thereby to promote the development of of human rights in the country and to Karen Reid, A Practitioner’s Guide to the European Convention on Human Rights democracy and rule of law in Serbia and highlight the problems and difficulties (in Serbian), 2007 Montenegro. citizens have been encountering in Philip Leach, Taking a Case to the European Court of Human Rights IN SERBIA The recipients of the services of the exercising their human rights. They (in Serbian), 2007 Centre and its target groups have been members of legislative bodies, judges and also drew attention to the state’s Ivan Janković, Prohibition of Ill-treatment – Manual for Police Officers and Prison 2015 other members of the legal profession, law failure to implement strategies and Staff,(in Serbian) 2010 enforcement officers, military officers, NGO plans geared at promoting human Series DOCUMENTS activists, teaching staff of institutions of rights and the implementation of laws, higher learning, other educators, students, instances of discrimination, the status Vesna Petrović (ed.), Selected Decisions on Human Rights IV – Judgments of the Belgrade Centre for Human Rights journalists etc. of specific categories of the population, European Court of Human Rights Regarding Minors, 2006. The most important areas of the which are at a disadvantage vis-à-vis Raija Hanski and Martin Scheinin, Leading Cases of the Human Rights Committee, 2007 Centre's activity are education, research, the majority, and many other circum- publishing, organisation of public debates, Series TEXTBOOKS stances affecting the full enjoyment of meetings, lectures and other forms of human rights and having simulta- Antonio Cassese,International Criminal Law (in Serbian), 2005 educating and informing the public about neously strong political implications Vojin Dimitrijević – Obrad Račić – Vladimir Đerić – Tatjana Papić – Vesna human rights, proposing model laws and and effects on the state of human Petrović – Saša Obradović,Public International Law (in Serbian), recommendations for legislative reforms and rights in the country. Second edition 2007 reforms of state institutions, as well as reporting about the state of human rights. The methodology applied in the Vojin Dimitrijević – Tatjana Papić – Vesna Petrović – Dragoljub Popović, preparation of this Report is based on International Human Rights Law (in Serbian), Third edition 2012 The Belgrade Centre for Human Rights has organised more than a hundred semi- the analysis of the regulations in force Series REPORTS in 2014, some of the relevant draft nars and roundtables in Serbia and Monte- negro, Croatia, Bosnia and Herzegovina, and laws that had not been adopted by the Slobodanka Nedovićć – Aleksandra Jovanovi (eds.), Economic and Social Rights in the Federal Republic of Yugoslavia (in Serbian and English), 1998 Macedonia, established training programs end of the year and the reports, press for future lecturers on human rights issues Human Rights in FRY – A Comprehensive Report for 1998, 1999,,,2000 2001 2002 releases and recommendations of the and judges; hosted international conferences (in Serbian and English), 1999, 2000, 2001, 2002, 2003 independent human rights authorities and lectures on issues of human rights and – the Protector of Citizens, the Human Rights in Serbia and Montenegro 2003,,2004 2005 (in Serbian and democracy. English), 2004, 2005, 2006 Commissioner for Information of The Centre has published more than15 0 Public Importance and Personal Data Human Rights in Serbia 2006,,,,, 2007 2008 2009 2010 2011, 2012, 2013 (in books. Among them are volumes devoted to Protection and the Commissioner for Serbian and English), 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014 specific issues, university textbooks of public the Protection of Equality. Žarko Marković (ed.) , Treatment of Persons Deprived of Liberty international law, human rights and huma- The analysis corroborates that the (in Serbian and English), 2010 nitarian law, collections of essays on human human rights situation in Serbia dete- OCCASIONAL PUBLICATIONS rights and humanitarian law, compilations riorated in 2014 compared to the pre- of international documents on human rights, Konstantin Obradović,Responsibility of States for International Delicts (in translations of books of foreign scholars, etc. vious year, particularly in respect of Serbian), 2000 For its accomplishments the Centre was social and economic rights, freedom of Thomas Buergenthal,A Lucky Child , (in Serbian), 20 10 expression, the status of independent awarded theBruno Kreisky Prize for 2000. In memoriam – Vojin Dimitrijević 1932-2012, 2012. The Belgrade Centre is member of the regulatory authorities and the judicial Association of Human Rights Institutes reform. HUMAN RIGHTS IN SERBIA 2015 (AHRI). Series Reports 25 Series Reports HUMAN RIGHTS IN SERBIA 2015 LAW, PRACTICE AND INTERNATIONAL HUMAN RIGHTS STANDARDS Publisher The Belgrade Centre for Human Rights Kneza Miloša Str. 4, 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 Dušan Pokuševski Translation Duška Tomanović Cover illustration Kimchired, “Hope” ISBN 978-86-7202-162-2 Prepress and printing Dosije studio, Belgrade HUMAN RIGHTS IN SERBIA 2015 LAW, PRACTICE AND INTERNATIONAL HUMAN RIGHTS STANDARDS Belgrade Centre for Human Rights Belgrade, 2016 The translation of this report was supported by the OSCE Mission to Serbia. The views herein expressed are solely those of the authors and contributors and do not necessarily reflect the official position of the OSCE Mission to Serbia Contents Abbreviations. 13 Preface . 17 Research Methodology . 19 Analysis of Information Obtained through Media Monitoring . 19 Introduction . 23 EXECUTIVE SUMMARY . 29 Serbia and Its International Obligations. 29 Applications against Serbia before the European Court of Human Rights in 2015. 29 Human Rights in National Legislation. 30 Right to Life . 30 Prohibition of Ill-Treatment and Status of Persons Deprived of Liberty . 31 Right to Liberty and Security of Person . 32 Equality before the Court and Fair Trial . 34 Right to Privacy and Confidentiality of Correspondence . 35 Personal Data Protection and Protection of Privacy . 36 Freedom of Thought, Conscience and Religion. 37 Freedom of Expression. 39 Freedom of Public Assembly . 41 Freedom of Association . 43 Electoral Rights and Political Participation . 44 Right to Work and Just and Favourable Conditions of Work . 45 Freedom to Associate in Trade Unions and Right to Strike . 46 Right to Social Security . 47 Right to Education . 48 Health Care. 49 Refugee Crisis. 50 Status and Reform of the Judiciary . 51 5 Human Rights in Serbia 2015 Independent Regulatory Authorities. 53 National Minorities and Minority Rights. 55 Status of Roma . 56 People of Different Sexual Orientation or Gender Identity. 57 Status of Persons with Disabilities. 58 Gender Equality and Special Protection of Women. 60 Status of the Elderly . 61 I LEGAL PROVISIONS RELATED TO HUMAN RIGHTS . 63 1. International Human Rights Treaties and Serbia . 63 1.1. Universal Human Rights Treaties . 63 1.2. Council of Europe Regional Treaties . 64 1.3. Applications against Serbia before the European Court of Human Rights in 2015 . 65 1.3.1. Statistics . 65 1.3.2. ECtHR Judgments with Respect to Serbia Delivered in 2015 . 66 2. Correlation between National and International Law. 70 3. Human Rights in the National Legislation . 72 3.1. Constitution of the Republic of Serbia and Provisions on Human Rights, Human Rights Restrictions and Derogations . 72 3.2. Constitutionality and Legality. 74 3.2.1. Constitutional Court of Serbia – Composition, Election of Judges and Jurisdiction . 74 3.2.2. Reviews of Constitutionality and Legality before the Constitutional Court of Serbia. 76 4. Legal Remedies for the Protection of Human Rights Provided by the Serbian Legal System . 77 4.1. General . 77 4.2. Ordinary and Extraordinary Legal Remedies in Serbia’s Legal System. 77 4.3. Impact of ECtHR Case Law on the Jurisprudence of Serbian Courts of General Jurisdiction . 80 4.4. Constitutional Appeals . 80 4.5. Selected Constitutional Court Decisions Delivered in 2015 . 82 4.5.1 Review of the Constitutionality of the Provisional Pension Payments Act . 82 6 Contents 4.5.2. Review of the Constitutionality of the Act on the Method for Determining the Maximum Number of Public Sector Staff . 83 4.5.3. Review of the Constitutionality of the Act Amending the Act on Judges. 84 II INDIVIDUAL RIGHTS . 85 1. Right to Life . 85 1.1. General . 85 1.2. State’s Obligations with Respect to the Right to Life . 85 1.3. Penal Policy and Protection of the Right to Life in Serbian Law . 88 1.4. Euthanasia . 95 2. Prohibition of Ill-Treatment and Status of Persons Deprived of Liberty. 96 2.1. General . 96 2.2. Definition of Torture, Penalties and Statute of Limitations for Torture . 96 2.3. Legal Framework for the Prosecution of Perpetrators of Torture and Ill-Treatment and the Practices of the Judicial Authorities . 98 2.4. Use of Force by State Agents . 100 2.5. Observance of the Non-Refoulement Principle and the Prohibition of Collective Expulsion . 103 2.6. Conditions in Penitentiaries, Detention Units and Police Custody .
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