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The initiative to the Supreme Court of Law of Serbia

Under the umbrella of IAN, CRTV lawyers in cooperation with Belgrade Centre for Human Rights and Humanitarian Rights Fund, submitted the initiative to the Supreme Court of Law of Serbia for reconsidering legal attitude in the case of forcibly mobilized refugees from BiH and Croatia in 1995.

We called on the court to replace its legal attitude from February 10 th 2004, in which the right to call for replacement of the nonmaterial damage which is caused by illegal deprivation of freedom by the organs of Republic of Serbia which grows old in terms from 3 to 5 years. The Supreme Court of Law contended that the principles of responsibility regarding guilt can be perceptible only to the person who did criminal act, or to legal subject who represents him.

In the initiative, we said we consider that the question is not about isolated cases of the illegal actions of Ministry of Internal Affairs of Republic of Serbia, but that those actions were consequences by the whole police of Republic of Serbia , so that the principles of responsibility of the perpetrator would not uphold justice. The Supreme Court of Law of Serbia , on the matter of damage compensation caused by members of Federal Army, took an attitude that the state is responsible for this damage based on the question of guilt. In the way that the law and justice protects refugees we expected that Supreme Court of Law of Serbia, following the basic rule of right that "in equal cases we follow equal rules", would elect to give those people material compensation and minimal moral satisfaction for caused suffering.

he request for change in legal attitude in the case of forcible mobilized refugees was submitted three years ago, but we never received the answer.

 

 


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