Publisher: Fond za humanitarno pravo

Komunitetet Etnike në Kosovë në 2007 dhe 2008

Author(s): Author Not Specified / Language(s): Albanian,English,Serbian

Content: Security Issues, Employment, and Application of Law on the Use of Languages and Anti-discrimination Law in Kosovo; Return of Displaced Persons to Kosovo in 2007 and 2008; Kosovo Institutions Applying the Law on the Use of Languages; Application of Anti-discrimination Law and Law on the Use of Languages in Kosovo Public Companies; Implementation of the Law on the Use of Languages in the Kosovo Education Process.

LJUDSKA PRAVA. Pravno-sistemski okvir

Author(s): Saša Gajin / Language(s): Serbian

The legal-systemic framework of respect and protection of human rights can theoretically be built on three different levels of reflection of legal rules on the rights and freedoms of individuals. First, by defining the legal concept of human rights, it is possible to provide a unique answer to the question of what human rights are. Second, based on a comprehensive body of human rights rules, it is possible to theoretically determine the content of human rights law. Third, it is possible to show that human rights are a necessary integral and constitutive part of the legal order and thus legally establish them … In that sense, the question should be answered as to whether human rights are a necessary part of the law itself, i.e., whether it arises together with the law. In addition, an answer should be sought to the question of whether the existence of the legal order is conditioned by the existence of legal rules on human rights and freedoms, or whether it can still be theoretically conceived without human rights. The answers to these questions provide a legal basis for human rights.

Material Reparations for Human Rights Violations in the Past. Court Practice in the Republic of Serbia

Author(s): / Language(s): Serbian

Reparations are measures applied by post-conflict societies to redress various types of damage suffered by victims as a result of certain crimes committed by the previous government and its institutions. The goal of reparations is justice for the victims. For a large number of victims, reparations are the most tangible manifestation of society's efforts to repair the damage they have suffered. Reparations are divided into material and symbolic. They can be individual or collective. They are realized directly on the basis of law (administratively) or through the courts. In this report, we talk about obtaining material reparations through the courts, reviewing legal regulations and the conduct of courts in cases initiated by the Humanitarian Law Center (HLC).

Materijalne reparacije za povrede ljudskih prava u prošlosti. Praksa sudova u Republici Srbiji

Author(s): / Language(s): Serbian

Reparations are measures applied by post-conflict societies to redress various types of damage suffered by victims as a result of certain crimes committed by the previous government and its institutions. The goal of reparations is justice for the victims. For a large number of victims, reparations are the most tangible manifestation of society's efforts to repair the damage they have suffered. Reparations are divided into material and symbolic. They can be individual or collective. They are realized directly on the basis of law (administratively) or through the courts. In this report, we talk about obtaining material reparations through the courts, reviewing legal regulations and the conduct of courts in cases initiated by the Humanitarian Law Center (HLC).

Pravo žrtava na reparacije u Srbiji i standardi Evropskog suda za ljudska prava. Izveštaj za 2014/2015.

Author(s): / Language(s): Serbian

For societies that have gone through periods of human rights mass violations, the issue of reparations to victims is one of the most important elements in establishing the rule of law in relation to crimes committed, as well as building solidarity and a culture of human rights. The report provides an overview of legal norms relevant to the exercise of the right to reparations and their application in practice before courts and administrative bodies in Serbia, as well as their analysis in the light of the standards of the European Court of Human Rights. The key finding of the report is that judicial and administrative bodies in Serbia violate the right of victims to reparations and that the decisions of these bodies in reparation proceedings violate the rights guaranteed by the European Convention on Human Rights, especially the prohibition of torture, degrading treatment and humiliation. the right to a fair trial and non-discrimination. The disrespect of the European Convention on Human Rights by the judicial and administrative authorities in Serbia, when it comes to victims of serious human rights violations, makes their right to reparations in Serbia in practice impossible and almost illusory.

Razumevanje Ljudskih Prava. Priručnik o obrazovanju za Ljudska Prava

Author(s): / Language(s): Serbian

Published in 2005 by the Ministry of Human and Minority Rights of Serbia and Montenegro, elaborated by the Humantarian Lac Center, Belgrade.

ROMI u Srbiji

Author(s): / Language(s): Serbian

Situata e sigurisë në Mitrovicë/Mitrovica gjatë periudhës dhjetor 2008 - janar 2009 Raport i FDH — Kosovë)

Author(s): Author Not Specified / Language(s): Albanian,English,Serbian

Following the increase in the number of incidents in North Mitrovica/Mitrovicë which occurred at the end of December 2008, and throughout January 2009, HLC-Kosovo conducted research to systematically monitor the implementation of minority rights in practice, in particular the extent of the implementation of point 31 of article 58 (state responsibilities) of chapter III of the Kosovo constitution and points 3.2 and 3.52 of article 3 of the Law on the Protection and Promotion of the rights of Communities and their Members in Kosovo. The research also sought to identify the level of security in North Mitrovica/Mitrovicë, as well as the causes, consequences and impact that the incidents have had on the overall security situation and everyday life of citizens living in this region. For this purpose, HLC-Kosovo conducted 40 interviews with representatives of local municipal authorities, the judiciary, police, civil society and citizens of all ethnic backgrounds.

TRANSITIONAL JUSTICE in Post-Yugoslav Countries. Report for 2010 – 2011

Author(s): / Language(s): English

Investigations prepared and initiated by the Office of the War Crimes Prosecutor of the Republic of Serbia (OWCP) last a long time, and in a significant number of cases, do not result in indictments. The OWCP undertook preliminary actions in the case of mass crimes committed in the Dubrava Penitentiary in 2008; however, by the end of 2011, it still had not started an investigation. With regard to the criminal complaint filed by the HLC against the Commander of the Tenth Anti-Sabotage Detachment of the Republic of Srpska Army, Milorad Pelemiš, dating from August 2010, the OWCP publicly announced the initiation of criminal proceedings, but this still had not happened by the end of 2011. // During the year 2011, the OWCP indicted only nine persons, and only one of these indictments (charging three persons) is filed in a new case, while the indictments against six of the other persons emerged from earlier proceedings held before the Higher Court in Belgrade War Crimes Department. In cases of war crimes committed in Kosovo, the OWCP often files indictments on the basis of partial investigations, as happened in the Suva Reka/Suhareke and Ćuška/Qushk Cases...

TRANZICIONA PRAVDA u post-jugoslovenskim zemljama. Izveštaj za 2006. Godinu

Author(s): / Language(s): Serbian

In the armed conflicts in Croatia (1991-95), Bosnia and Herzegovina (1992-95), and Kosovo (1998-99), at least 130,000 people lost their lives, millions were forced to flee their homes, and hundreds of thousands of houses were destroyed. The transition from a state of armed conflict and state repression to a period of peace and the building of democratic institutions requires these societies to decide on mass human rights violations from the recent past. The set of measures taken by the authorities and civil society to address these violations of rights constitutes a complex of transitional justice, the basic elements of which are fact-finding, trials, reparations, and institutional reform (lustration). This report deals with the consequences of the war and the crimes committed between 1991 and 1999. The report was initiated by the Humanitarian Law Center (HLC), in cooperation with the Research and Documentation Center (IDC-BiH) and Document (Croatia). It refers to Bosnia and Herzegovina, Croatia, Serbia, Kosovo, and Montenegro - hereinafter referred to as "post-Yugoslav countries".

TRANZICIONA PRAVDA u post-jugoslovenskim zemljama. Izveštaj za 2007. Godinu

Author(s): / Language(s): Serbian

This report is the result of systematic monitoring of the establishment of transitional justice in the countries of the former Yugoslavia, conducted by the human rights organizations Humanitarian Law Center (Belgrade) and Documenta (Zagreb). The disintegration of the Yugoslav federation was marked by three high-intensity armed conflicts: in Croatia (1991-95), Bosnia and Herzegovina (1992-95), and Kosovo (1998-99), in which at least 130,000 people lost their lives, millions they were forced to leave their homes, and hundreds of thousands of houses were destroyed. In addition, shorter armed conflicts, with relatively few casualties, occurred in Slovenia (June-July 1991) and Macedonia (January-November 2001). More than 1,300 Serbs, Roma and Albanians, recognized by the Albanian public as Serb collaborators, were killed after armed conflict and the arrival of international forces in Kosovo between June 12, 1999 and the end of 2000. The fate of some 17,000 missing in the region is still unknown. The transition from a state of armed conflict and state repression to a period of peace and the building of democratic institutions requires these societies to decide on mass human rights violations from the recent past. The set of measures taken by the authorities and civil society to address these violations of rights constitutes a complex of transitional justice, the basic elements of which are fact-finding, trials, reparations, and institutional reform.

Uspostavljanje pravde ili relativizacija zločina? : ostvarivanje prava žrtava na reparacije u sudskim postupcima u Srbiji : izveštaj za 2012. godinu.

Author(s): / Language(s): Serbian

The obligation of the State to provide adequate financial redress to victims of human rights abuses is defined in numerous international conventions on human rights and is derived from the fundamental legal principle of accepting responsibility for harm done. In most societies that have gone through periods of massive human rights violations, the issue of financial reparations for victims is one of the most important elements of establishing the rule of law and providing justice for crimes committed in the past. Identification of victims, creation of programs suitable for the needs of victims, and ways in which those programs are financed are just a few of the important issues considered by post-conflict societies in their overall effort to provide reparations to victims of human rights violations. // This Report offers a review of 15 cases in which HLC represented victims and which resulted in court decisions in 2012. There were a total of 18 judgments, 12 of which were negative and six positive, which awarded a total of RSD 1.76 million to victims of human rights abuses.