YUCOM 2013 – Annual Report Publisher Lawyers’ Committee for Human Rights – YUCOM Svetogorska 17, 11000 Belgrade www.yucom.org.rs For the Publisher Milan Antonijević Editorial Board: Milan Antonijević, Natalija Šolić, Katarina Golubović, Nikola Grujić, Ivana Stjelja Prepared by Ana Janković Dragan Ristić Ivana Stjelja Jean Baptist Merlin Jovana Spremo Katarina Golubović Kristina Todorović Kristina Tubić Kristina Vujić Marko Milenković Milan Antonijević Milena Vasić Nada Dželebdžić Natalija Šolić Nataša Lukić Nikola Grujić Slavko Arsović Tea Hadžiristić Lecture Ljiljana Korica Dessing BENUSSI design Printed by Dosije studio Print Run 500 ISBN 978-86-83209-50-7 The publication “YUCOM 2013-report on the work” was created within the project “Anti-discrimination mechanisms in practice” and “Strategic litigation in cases of vio- lations of human rights and the protection of human rights defenders” that are realized by Lawyers Committee for Human Rights - YUCOM with the financial support of the Embassy of Federal Republic of Germany in Serbia and Civil Rights Defenders. The views expressed in this publication do not necessarily reflect the views of German Embassy in Serbia and Civil Rights Defenders. CONTENT 1 FOREWORD 5 2 FREE LEGAL AID: UNASSESSABLE VALUE OF HUMAN RIGHTS 8 3 SELECTED CASES OF ADVOCACY: SOCIALLY VULNERABLE AND HUMAN RIGHTS DEFENDERS IN THE PITFALLS OF INEFFICIENT JUDICIAL SYSTEM 12 4 ANTI-DISCRIMINATION MECHANISMS IN PRACTICE: THE WAY TO EQUAL OPPORTUNITIES FOR ADEQUATE HOUSING 32 5 LAWYERS’ COMMITTEE FOR HUMAN RIGHTS – YUCOM: PROMOTION, PROTECTION AND IMPROVEMENT OF HUMAN RIGHTS IN 2013 54 Y14 - YUCOM 2013 / Annual Report / No 1 Y1 Broj 1, Decembar 2013. YUCOM 2013 IZveštaj O RADU liticians, and other institutions and in- implementation of affirmative measures dividuals are reflected. to socially disadvantaged individuals so When you are defending citizens, that they could enhance their social status, representing them, trying to get an especially social housing as a basic mec- adequate response from the state, or hanism for providing adequate housing to a judgment, decision, or new legisla- the most vulnerable citizens. tion, it is expected that you see many Let me remind you that affirmative more imperfections of the system, and actions are defined by the Constitution of errors, both accidental and intentional. Serbia and covered by other regulations, It is not an indication that you want to but there remains a lack of understanding cause damage, but to establish a new and implementation. practice of human rights and to enable Our cooperation with the government, a wider range of people to enjoy their the National Assembly, certain ministries, guaranteed rights. We also pointed out and local government bodies shows that it positive examples from practice, whe- is recognized that human rights organi- re we are pleased with the quality and zations have their place in improving the speed of proceedings and the reactions human rights protection system, public of the authorities. All of this is necessary administration, as well as ameliorating 1 in order to obtain a balanced picture of the points of contact between citizens and the situation of human rights from the the state, such as in court, in drafting le- perspective of the organization that re- gislation, and in many other situations. presents citizens and works on strategic, We emphasize excellent cooperation legal, and other documents. with independent institutions such as the YUCOM has identified a large Ombudsman, the Ombudsman of Vojvo- number of individual cases of discri- dina, the Commissioner for Equality, the mination through years of work on the Commissioner for Information of Public improvement and promotion of hu- Importance and Personal Data Protecti- man rights, representation of citizens, on, as well as local ombudsman and many F analysis of regulations and policies, others who have made our work more vi- and monitoring of the work of public sible and more effective. In particular, we FOREWORD authorities and other activities. Also, highlight the media that have recognized we noted the presence of a more dan- the issues we deal with, and the hundreds DECEMBER 2013, Belgrade gerous, systemic discrimination which of interviews and articles that are testa- is often indirect or hidden, making its ment to this. Milan Antonijević detection and the legal protection of And, at the end of this introduction, individuals subject to it much more we thank the many organizations in Ser- difficult. Equality in the exercise of the bia and in the region and beyond with rights is denied to the entire groups, so- whom we have worked, with which we When you stand before the results metimes because of the provisions and have agreed, and with which we have ar- of the work one of a year that is about the most important regulations them- gued in the interest of promoting human to end, you can either be satisfied with selves, but more often due to selective rights. the results or you can expect more. YU- enforcement of regulations by public We are especially pleased that during COM always strives for more and we authorities, to the detriment of the this year our team joined many young can hardly allow ourselves the time just groups who already experience stigma, professionals, as well as future experts, to enjoy what we have achieved. This prejudice and segregation in society. currently students of law and other facul- motivated us to approach the writing of Through the analysis of legal and policy ties, who helped in bringing new energy this report, which is not only an over- framework, monitoring of the implemen- into the organization, but also helped us view of the activities that we conducted, tation of policies of social housing and the see how the human rights in Serbia will but also of the highlights of many areas provision of legal aid in this area in 2013, develop. Only with young people who we dealt with in 2013. Through legal YUCOM sought to identify key obstacles have a sense of respect for human rights in help, citizens’ needs, trends in human in exercising the right to adequate housing this country can Serbia become an exem- rights violations and detection of errors of multiply socially endangered groups. plary country which would be pleasant to of the judicial system, government, po- The analysis focused on the definition and live in. Y1 YUCOM 2013 / Annual Report / No 1- 5 Y1 Broj 1, Decembar 2013. YUCOM 2013 IZveštaj O RADU 2 F FREE LEGAL AID: L UNASSESSA- BLE VALUE OF HUMAN A RIGHTS Lawyers’ Committee for Human different legal areas overlap. However, Rights - YUCOM has been very acti- for the year 2013 we can identify that ve in providing free legal aid from its the most common cases were those foundation in 1997 and it remains one pertaining to labour law - unlawful of our core activities. Currently, legal termination of employment, injuries, aid is provided by our legal team of mobbing, and other cases of violations three lawyers and three jurists. Parties of the rights of employees – and fami- may contact the legal team through our ly law - domestic violence and violen- online application form, as well as by ce against women, problems related mail and telephone. A free of charge to the exercise of parental rights, and telephone line (0700400700) has been problems with the collection of child activated in 2010 and every day a lar- support. There are frequent cases of vi- ge number of citizens call from across olation of the right to a fair trial within the country; we also often receive calls a reasonable time, and we increasingly from citizens of Serbia from abroad or receive calls from victims of various foreign citizens living in Serbia. forms of discrimination, hate speech, Annually, our legal team provides and hate crimes. Frequent cases in the legal aid services to over 800 parties. previous years included those in the They turn to us with a wide variety of fields of access to justice, discriminati- problems, which are sometimes diffi- on, police brutality and abuse of police cult to legally categorize, while several powers. 6 - YUCOM 2013 / Annual Report / No 1 FLA 2 Free Legal Aid: / unassessable value of human rights Adequate legal aid is provided to citi- rities, the length of the proceedings, number of calls, and thus significantly zens regardless of their economic or other whether the parties have legal represen- increased number of provided legal aid status on the basis of which they could be tation ( which is particularly important services. excluded from receiving adequate legal given that we are addressed by a large In September, October and No- advice. Beneficiaries of our services are number of people who already have vember 2013 YUCOM provided 340 socially disadvantaged persons, Roma, a lawyer, but for some reason they do different services of free legal aid, of LGBT people, defenders of human rights, not have enough trust in them or want which: 218 instances of legal advice (in as well as many others whose rights have to hear a second opinion), then inve- 64% of total citizens’ requests sent to been violated. sted remedies and ultimately the way YUCOM), written and sent 42 urgen- When a request for free legal aid is they heard about YUCOM. The new cies and briefs to the public authorities received, the lawyer learns about the application form is used to process the (12 %), legal information was provi- specific subject and issues that the par- data in the second half of 2013. Below ded in 35 cases (10 %), legal advocacy ty has. If necessary, we ask for copies we present an overview and statistics of undertaken in 24 cases (7 %), and the of documents from the case, then, de- legal aid provided in September, Octo- party addressed, ie.