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From	"nath" <vallet.nathalie@wanadoo.fr>
Date	Mon, 25 Oct 1999 17:31:51 +0200
Subject	globe_l: Persecution of judges in Serbia - Bulletin No. 1

THE BELGRADE CENTRE FOR HUMAN RIGHTS
Mlatiöumina 26, 11000 Beograd, FR Yugoslavia
Tel/fax (+381 11) 432 572 or 344 1203.
E-mail: bgcentar@eunet.yu
www.bgcentar.org.yu
Persecution of judges in Serbia  - Bulletin No. 1

THE ASSOCIATION OF JUDGES OF SERBIA

The Association of Judges of Serbia was established as a reaction to the
manipulations performed by the Serbian courts after the local elections in
November 1996. It is estimated that nowadays almost a quarter of the total
number of judges in Serbia belongs to this association. However, most of
its members are reluctant to admit their membership for the fear of possible
consequences from the authorities personified in presidents of courts,
appointed by the government and  persons of significant powers.

Although the Association is of a professional kind, comprised of judges
committed to the promotion of the rule of law, it has been exposed to
incessant attacks by the authorities ever since it had been founded.
The latest one presents the denial by the administration of its registration
as a legal entity, a dubious decision according to the very constitutions
of the Federal Republic of Yugoslavia and the Republic of Serbia, which
guarantee the freedom of political, trade union and other kind of
association
without preliminary permission, by simple registration with the competent
authority. Regrettably, instead of ordering the Ministry of Interior to
register  the Association, the Supreme Court of Serbia upheld this
unconstitutional
administrative decision.

The Association of Judges at present functions as part of the Association
of Jurists of Serbia, an organization which enjoys the status of registered
legal entity and hosts sixteen different societies, also not registered as
separate legal entities. Apparently, this situation does not satisfy the
presidentof the Supreme Court of Serbia, Mr. Balsa Govedarica, who recently
openly
threatened the members of the Association of Judges with removal from their
functions as judges only if their membership in this association would be
detected. It is not known what legal grounds could the Serbian Parliament
find dismiss the judges, since this is the body with the authority in law to
initiate the procedure for a judgeís removal. The only personal restriction
of the freedom of association applicable to judges, according to the
Serbian Courts Act, relates to their exercise of political functions, as
well as the commission of deeds incompatible with their role of judges.
As the Association of Judges is by no means a political party, it remains
yet to be seen how the authorities would interpret the membership in
a non-governmental organization promoting the rule of law as being
unbecoming of a judge. Unfortunately, the Serbian Parliament is a
rubber stamp body originating in the 1997 elections, boycotted by most
parties of the democratic opposition.

Following the orders of Mr. Govedarica, the presidents of courts have r
ecently started to summon judges to a peculiar inquisition-kind-of-meetings
in order to investigate their membership in the Association of Judges.
Judges were ordered to admit to their membership and were openly
threatened with removal from their office if the suspicion was to be proved.
The Belgrade Centre for Human Rights issued a protest reminding those
responsible that such activities amounted to serious violations of the right
to freedom of association and the right to privacy according inter alia to
the International Covenant on Civil and Political Rights, to which FR
Yugoslavia is a party.






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