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Stop disintegration of the Ombudsman institution January 28, 2012
The alliance of human rights associations, the
Human Rights and Democracy House (Civic Initiatives, Belgrade Centre
for Human Rights, Lawyers' Committee for Human Rights, Helsinki
Committee for Human Rights in Serbia and Policy Centre), requires
from the Government of the Republic of Serbia to stop the attempts
of the Ministry of Justice to reduce the Ombudsman's competences,
thus jeopardising the operation of one of rare independent
institutions in Serbia. |
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According to "Blic", through the opinion given by the Ministry of
Justice to draft Law on Amendment of the Law on Ombudsman, the
Ministry is trying to exempt the control over the work of State
Council of Prosecutors and High Judicial Council from the
Ombudsman's competences, as well as to reduce the Ombudsman's
mandate.
Exemption of the mentioned authorities from the Ombudsman's
control is an obvious revenge for the Ombudsman's opinion about the
High Judicial Council's work, which he deems illegal in incomplete
composition, as well as all the decision made in such circumstances.
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Reduction of competences of an institution
addressing the protection of human rights would present reduction of
the achieved level of human rights protection in Serbia, which is
prohibited by the Constitution and international agreements in this
field. We are reminding the public that the Ombudsman's mandate of
seven years is one of the measures to prevent that the election for
this function depends on the current Assembly composition, thus on
the political willingness of the governing majority.
According to the assessments of all international
and national institutions and organisations addressing human rights,
the Ombudsman has succeeded in establishing an independent and
professional institution in the past period, which is one of rare
barriers for violation of human rights and unprofessional work of
state administration in Serbia. The Ministry of Justice of the
Republic of Serbia has been endangering human rights and rule of law
in Serbia with its acting for longer period of time, supporting
unconstitutional and illegal decisions of the High Judicial Council,
and is responsible for one of most unsuccessful reforms in Serbia
since 5 October 2000.
The Human Rights and Democracy House is determined
to persist in the defence of all independent institutions which do
their job responsibly and professionally. Reduction of the
Ombudsman's competences and mandate would present a clear message of
the Government to the citizens that those who fight for human rights
in Serbia are being punished and that development of rule of law in
the country is not an option anymore. All political parties which
support this opinion of the Ministry of Justice, especially
Democratic Party, officials of which are conducting this Ministry,
will be responsible for endangering the rule of law in Serbia and
for reduction of the achieved level of human rights protection. |
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