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Series:Helsinške Sveske

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HELSINŠKE SVESKE №13: The Past as a challenge to the law
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HELSINŠKE SVESKE №13: The Past as a challenge to the law

Author(s): Vladimir V. Vodinelić / Language(s): English

Societies in whose present time the authoritarian past is still a socially relevant thing may be placed in two opposing manners in front of this morally, politically and legally compromising past: there is a distinct difference between the policy of coping with the past and the policy of non coping with the past. In German, the only language with a specific expression for the complex phenomenon of the former, for ‘cope with’ the past (Vergangenheitsbewältigung), one can also use the synonym Vergangenheitsaufarbeitung. However, ‘to cope with’ is a bet-ter expression. The expression, as well as ‘to prevail over’ the past and ‘to get control over’ the past – indicates more clearly that at issue is a process by which the past is dealt with: to im- pose over, to get control over the past that imposed over us, and it would impose over us again, if we do not impose over it. The extreme patterns of the reactions to the authoritarian past by which it cannot be prevailed are on one side retaliation and pure vendetta and on the other side the 'as-if-nothing-has-happened' pattern: closing your eyes before the authoritarian past. By neither method, it must be emphasized, can the past be prevailed over. Retaliation is an authoritarian fight with the authoritarian past, but not the prevailing over it. Fire cannot be fought with fire here. The authoritarian fight with the past, even if it was authoritarian, is just a repetition, but with the opposite roles.

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HELSINŠKE SVESKE №16: Tačka razlaza - povodom polemike vođene na stranicama lista
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HELSINŠKE SVESKE №16: Tačka razlaza - povodom polemike vođene na stranicama lista "Vreme" od 1. avgusta do 21. novembra 2002. godine

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

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HELSINŠKE SVESKE №17: Kako do evropskih standarda - zatvori u Srbiji 2002-2003.
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HELSINŠKE SVESKE №17: Kako do evropskih standarda - zatvori u Srbiji 2002-2003.

Author(s): Marija Jelić,Milosav Kiurski,Nataša Novaković,Marijana Obradović / Language(s): Serbian

(Serbian edition) Throughout the totalitarian rule of the regime of Slobodan Milošević and his henchmen, which lasted for over a decade, the country’s prisons remained shut to public scrutiny. Information about the state of human rights of the prisoners and the conditions in which they served their sentences was the exclusive privilege of the state authorities directly involved and of the individuals and institutions concerned with the matter for purposes of scientific research. The question of prisoners’ human rights was completely marginalized by war, crimes, economic hardship and daily violations of citizens’ human rights and freedoms up to 5 October 2000. For many a convict, being locked away to serve a sentence of imprisonment did not mean mere deprivation of liberty for a set period of time, but also the start of a cruel struggle for survival in the gloom of lawlessness, corruption, torture, inhuman conditions and society’s total lack of interest in his or her life behind bars. It was only after widespread prison rioting broke out in November 2000 that the public’s attention was drawn to the conditions in which the prisoners served their sentences. The prisoners put out announcements throwing light on the substandard and inhuman conditions prevailing in Serbia’s penitentiaries and prisons. During the riots, groups and individual prisoners made statements complaining that the prison conditions were far below the levels set by relevant international standards and domestic prison rules. The prisoners alleged serious violations of their physical and psychological integrity, humiliating and degrading treatment, unjust punishment and general arbitrary treatment by prison personnel. They complained of, among other things, torture by beating, lack of minimum personal hygiene facilities, absence of medical treatment and health care, and corruption among prison administrative staff. Some of the allegations and complaints were partly confirmed by competent officials of the Ministry of Justice. As a palliative for the utterly unsatisfactory prison conditions, federal and republican amnesty laws were duly introduced to be finally adopted respectively on 26 February 2001 and 13 February 2001. Nonetheless, although a number of convicts were fully amnestied and a percentage of sentences commuted, the conditions in which prisoners served their sentenced remained unchanged. In addition to the factors mentioned above, the inhuman conditions in Serbia’s prisons endured and multiplied also owing to the country’s isolation of many years, during which time no international organization other than the International Red Cross was granted access to its prisons. Domestic non-governmental organizations were also kept at arm’s length and only rarely allowed to see what went on inside. In view of the circumstances enumerated above, it was clearly necessary to introduce continuous monitoring of prisons by an independent, non-governmental institution in order to obtain a realistic picture of the prison conditions. The new government is aware that admission to the Council of Europe and to other international organizations depends in part on the conditions in which sentenced persons serve their prison sentences, as well as that the public must be informed about those conditions. So, after presenting the concept and objectives of the Prison Monitoring project, the Helsinki Committee for Human Rights in Serbia was granted permission in May 2001 to visit institutions for the enforcement of criminal sanctions. This meant that for the first time in the history of this state an NGO could apply for and be granted permission to visit places of detention, custody and imprisonment without any restrictions, to interview prisoners with no personnel being present, and to talk to personnel without the presence of administration officers. Between June 2001 and October 2003, the Helsinki Committee paid a total of twenty-one visits to institutions for the enforcement of sanctions entailing the deprivation of liberty. During the period covered by this report (April 2002 to October 2003) the Helsinki Committee visited twelve institutions (one maximum-security prison, two closed prisons, three open prisons, two district prisons, one psychiatric prison, one reformatory, and one juvenile prison). In launching the project, the Helsinki Committee was principally guided by Article 64 of the European Prison Rules which states: ‘Imprisonment is by the deprivation of liberty a punishment in itself. The conditions of imprisonment and the prison regimes shall not, therefore, except as incidental to justifiable segregation or the maintenance of discipline, aggravate the suffering inherent in this.’ The Helsinki Committee hopes that its efforts to complete the project and publish this book will make a small but valuable contribution towards achieving this goal.

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HELSINŠKE SVESKE №17: How to attain european standards - the Situation of Serbian Prisons 2002-2003.
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HELSINŠKE SVESKE №17: How to attain european standards - the Situation of Serbian Prisons 2002-2003.

Author(s): Marija Jelić,Nataša Novaković,Marijana Obradović,Milosav Kiurski / Language(s): English

(English edition) Throughout the totalitarian rule of the regime of Slobodan Milošević and his henchmen, which lasted for over a decade, the country’s prisons remained shut to public scrutiny. Information about the state of human rights of the prisoners and the conditions in which they served their sentences was the exclusive privilege of the state authorities directly involved and of the individuals and institutions concerned with the matter for purposes of scientific research. The question of prisoners’ human rights was completely marginalized by war, crimes, economic hardship and daily violations of citizens’ human rights and freedoms up to 5 October 2000. For many a convict, being locked away to serve a sentence of imprisonment did not mean mere deprivation of liberty for a set period of time, but also the start of a cruel struggle for survival in the gloom of lawlessness, corruption, torture, inhuman conditions and society’s total lack of interest in his or her life behind bars. It was only after widespread prison rioting broke out in November 2000 that the public’s attention was drawn to the conditions in which the prisoners served their sentences. The prisoners put out announcements throwing light on the substandard and inhuman conditions prevailing in Serbia’s penitentiaries and prisons. During the riots, groups and individual prisoners made statements complaining that the prison conditions were far below the levels set by relevant international standards and domestic prison rules. The prisoners alleged serious violations of their physical and psychological integrity, humiliating and degrading treatment, unjust punishment and general arbitrary treatment by prison personnel. They complained of, among other things, torture by beating, lack of minimum personal hygiene facilities, absence of medical treatment and health care, and corruption among prison administrative staff. Some of the allegations and complaints were partly confirmed by competent officials of the Ministry of Justice. As a palliative for the utterly unsatisfactory prison conditions, federal and republican amnesty laws were duly introduced to be finally adopted respectively on 26 February 2001 and 13 February 2001. Nonetheless, although a number of convicts were fully amnestied and a percentage of sentences commuted, the conditions in which prisoners served their sentenced remained unchanged. In addition to the factors mentioned above, the inhuman conditions in Serbia’s prisons endured and multiplied also owing to the country’s isolation of many years, during which time no international organization other than the International Red Cross was granted access to its prisons. Domestic non-governmental organizations were also kept at arm’s length and only rarely allowed to see what went on inside. In view of the circumstances enumerated above, it was clearly necessary to introduce continuous monitoring of prisons by an independent, non-governmental institution in order to obtain a realistic picture of the prison conditions. The new government is aware that admission to the Council of Europe and to other international organizations depends in part on the conditions in which sentenced persons serve their prison sentences, as well as that the public must be informed about those conditions. So, after presenting the concept and objectives of the Prison Monitoring project, the Helsinki Committee for Human Rights in Serbia was granted permission in May 2001 to visit institutions for the enforcement of criminal sanctions. This meant that for the first time in the history of this state an NGO could apply for and be granted permission to visit places of detention, custody and imprisonment without any restrictions, to interview prisoners with no personnel being present, and to talk to personnel without the presence of administration officers. Between June 2001 and October 2003, the Helsinki Committee paid a total of twenty-one visits to institutions for the enforcement of sanctions entailing the deprivation of liberty. During the period covered by this report (April 2002 to October 2003) the Helsinki Committee visited twelve institutions (one maximum-security prison, two closed prisons, three open prisons, two district prisons, one psychiatric prison, one reformatory, and one juvenile prison). In launching the project, the Helsinki Committee was principally guided by Article 64 of the European Prison Rules which states: ‘Imprisonment is by the deprivation of liberty a punishment in itself. The conditions of imprisonment and the prison regimes shall not, therefore, except as incidental to justifiable segregation or the maintenance of discipline, aggravate the suffering inherent in this.’ The Helsinki Committee hopes that its efforts to complete the project and publish this book will make a small but valuable contribution towards achieving this goal.

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HELSINŠKE SVESKE №19: Između načela i prakse - položaj
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HELSINŠKE SVESKE №19: Između načela i prakse - položaj "malih" i "velikih" manjina u Srbiji.

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

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HELSINŠKE SVESKE №22: Srbija između ustava i ustavnosti
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HELSINŠKE SVESKE №22: Srbija između ustava i ustavnosti

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

U knjizi SRBIJA IZME ĐU USTAVA I USTAVNOSTI iznela sam svoj pogled na ustavno pitanje u Srbiji. Srbija je jedina među zemljama koje su pošle putem evropske integracije, koja nije izmenila temeljni akt koji definiše osnovne vrednosti na kojima počiva politička zajednica, nije izmenila Ustav koji simbolizuje režim autoritarne vladavine. Šta je tome razlog i zašto Srbija toliko dugo traga za svojim ustavnim identitetom? Koje prepreke stoje na putu uspostavljanja ustavne države u Srbiji? Odgovor na ova pitanja već dugo vremena s pravom očekuju građani i građanke Srbije. Kao građanka Srbije i sama sam želela da saznam odgovor na ta pitanja. Profesija kojom se bavim i uža oblast mog naučnog interesovanja obavezivali su me da i sama pokušam da na neka od pitanja odgovorim. Ova knjiga ilustruje moja traganja za odgovorima. Da li sam u tome uspela i u kojoj meri, ostavljam čitaocima ove knjige da prosude sami. Kontinuirano sam pratila ustavni proces u Srbiji, posebno ustavne kontroverze koje prate ovaj proces. Sudelovala sam aktivno u tom procesu, prvenstveno na profesionalnom planu, na stručnim raspravama, ali i u široj javnosti.

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HELSINŠKE SVESKE №34: Ekstremizam: Kako prepoznati društveno zlo
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HELSINŠKE SVESKE №34: Ekstremizam: Kako prepoznati društveno zlo

Author(s): Srđan Milošević,Pavel Domonji,Jelena Višnjić,Ivana Stjelja,Staša Zajović,Umberto Eco / Language(s): Serbian

Pojava ekstremne desnice i desničarske ideologije u Srbiji posledica su strukturalnih promena nakon razgradnje socijalističke države. Ratovi devedestih vođenih sa idejom o prekomponovanju Balkana, odnosno s idejom o Velikoj Srbiji (Memorandumu Srpske akademije nauka i umetnosti, 1986), samo su jedan od ideoloških osnova na kojima još uvek opstaje desna misao. Njene osnovne karakteristike jesu: etnička homogenizacija, težnja za stapanjem državnih i etničkih granica, antikomunizam i negiranje antifašizma, jačanje tradicionalizma i autoritarnosti, pravoslavlje tretirano kao superiorna religija u odnosu na ostale etničke i religijske grupe (posebno Hrvate, Muslimane i Albance), otpor idejama multikulturalizma i kosmopolitizma i netrpeljivost prema “novim” (LGBT popuacija) i tradicionalnim manjinama (Romi). Zajedničko svim desničarskim pokretima koji se pozivaju na ekstremni srpski nacionalizam i fundamentalističke interpretacije pravoslavlja, odnosno svetosavlja, jeste i izrazita islamofobija i neprijateljski stav prema svemu što je islamsko.

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HELSINŠKE SVESKE №04: Individualna i kolektivna prava manjina
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HELSINŠKE SVESKE №04: Individualna i kolektivna prava manjina

Author(s): Rada Beronja,Dragan Dabić,Tatjana Ivelić,Nedim Sejdimović,Vladeta Stanković,Vlastimira Stanković / Language(s): Serbian

In view of the key importance of inter-ethnic relations and status of national minorities in Serbia for development of democracy, Helsinki Committee for Human Rights in Serbia, Centre for Regionalism, the Vojvodina Club and Centre for Multiculturality have organised the round-table "National Minorities in Serbia" on 8 and 9 September 2000 in Novi Sad. Participants in this round-table were representatives of several dozen NGOs from Vojvodina and Serbia, representatives of political parties, prominent public personalities and experts for minority rights and ethnic relations. In a two-day debate participants in the round-table underscored that peace, tolerance and democratization of the society represent the basic prerequisite of the exercise of individual and collective rights and freedoms in the Republic of Serbia. Considering that a social community in the Republic of Serbia has a markedly heterogeneous cultural character and the fact that it is faced with pronounced ethnification of politics and intolerant nationalism, our discussion confirmed that the majority nation, that is, the ruling political establishment, were to be blamed for such a poor status of inter-ethnic relations. Hence the current political authorities cannot be relieved of responsibility from catastrophic consequences of internal conflicts and external and internal isolation. After analysing institutions and real social and political processes and actions of the most influential political protagonists, it was established that we all must insist on comprehensive implementation of ideas and legal-constitutional norms determining the Republic of Serbia as a state of equitable citizens, and the one guaranteeing corresponding standards in attainment and exercise of collective rights of national minorities in Serbia. Unfortunately during our discussion we identified through a host of examples a pronounced gulf between proclaimed norms and concrete reality in the sphere of protection of national minorities rights, notably in development and expression of their cultural identity. After the SFRY disintegration, the problem of "new minorities", notably Croats, Bosniaks, and Macedonians, emerged in Serbia. This problem entails official recognition of those minorities and concrete legal regulation of their status and rights. During preparations for the 2001 census scientific and cultural institutions and representative bodies should lay the groundwork for facilitating the free declaration of nationality by citizens. This particularly applies to Bosniaks, who have been deprived of that right to date. It is also expected that the democratic opposition of Serbia shall take a clear public stand on manner of resolution of minority problems, and incorporate pertinent proposals into their program of changes, offered as an alternative to the current regime. We brought into prominence the need to revive earlier initiatives for adoption of the Act on National Minorities in the Republic of Serbia, aimed at removing current shortcomings and imprecise points, and boosting harmonisation of domestic legal and political practice with the European standards on the Protection of Minorities. Our discussion indicated that the Republic Serbia in its relations with almost all neighbouring countries disregards the issue of minorities, and that this negligence is in turn reflected in the status of minorities and has a negative impact on relations between the majority and minorities. The role of ecological issues was discussed in the context of good-neighbourly relations, for they alike the minority issue clear the way for establishment of broad and efficient communications. Considering regional trends within the context of Europe those two issues can play an important role in the inclusion of Serbia in the project of European regions. Participants think that the Stability Pact is a conceptual framework for analysis of the most important problems and devising models of their resolution.

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