RIGHT TO INDEMNIFICATION FOR ILLEGAL ACTS OF COURTS

Project is supported by: Canadian International Development Agency (CIDA)

Head of project: Aleksandar Resanović

Assistant: Marina Jelić

Serbian laws recognize the right to indemnification of persons who have been sentenced without legal grounds and/or deprived of liberty without legal grounds. However, there are no adequate mechanisms that guarantee full implementation of the law, which is followed by a lot of serious problems.

Considering that a state should always care for the elimination of possible irregular and illegal acts of state authorities, which can lead to human rights violations, it is necessary to advocate corresponding amendments to internal legislation so as to enable every person sentenced without legal grounds and/or deprived of liberty without legal grounds to exercise his/her right to indemnification of damages suffered.

The survey of the cases where this right is not fully observed will precede the proposed advocacy actions. The survey will follow-up two kinds of cases: first, the out-of-court settlement concluded between citizens and special Commission chaired by the Serbian Public Attorney, and second, the cases in which the out-of-court settlement is not reached, we intend to follow-up the court rulings in five district courts in Serbia (Belgrade, Nis, Novi Sad, Sabac and Sremska Mitrovica).

The expert project team will analyze the results of the follow-up, publish the findings, and organize round table discussions with the professionals and other relevant stakeholders. The intention is to secure media coverage of these events.