LEGAL EXPERT ASSISTANCE

INTRODUCTORY NOTE

Based on previous experiences with election procedures in Serbia (‘96/97) it was highly predictable that the very same participants of the election procedure (Federal Election Commission members) could be inclined to repeat similar or same actions of election results forgery again. That was why LEX experts proposed to provide legal assistance and to develop a detailed plan of actions to be taken if necessary. Members of this LEX legal expert were to be the very same judges who uncovered the election fraud in '96.

The necessity to establish a legal expert team was indicated by the Democratic Opposition of Serbia at mid September.

PROJECT REALIZATION CONDITIONS AND TIME FRAMEWORK

The project had to be carried out within the given time framework, between September 18 th and October 6 th 2000. It had to follow most promptly the dynamics of all previously scheduled and predictable as well as of non-scheduled and previously not predicted post election development. In order to be fully effective and responsive to the situation of utmost importance this project had to be:

Fully aware of all possible scenarios;
Well organized a) by having designed model legal actions in advance; and b) by organizing around the clock on duty expert teams;
Fully prepared to start an expert legal action at any moment;
Equipped to satisfactorily carry out and complete all necessary legal actions.

As the team of experts had been established and while it was engaged in drafting the Complaint to the Constitutional Court, and the Criminal Charges against Milosevic and the members of the Federal Election Commission (FEC), the LEX premises turned into a gathering spot of experts from DOS, Center for Free Elections and Democracy (CESID), Center for Advanced Legal Studies and Center for Liberal Democratic Studies. In the LEX premises all relevant statements were being taken to be used as evidence support for the Complaint to the Constitutional Court, including statements of residents of Kosovo. At moments this process involved up to 40 persons working in the LEX office at the same time.

PROJECT REALIZATION CALENDAR

Phase I

Between September 18 th and 23 rd four expert consultations were held on possible election irregularities and appropriate legal remedies. Along with respective legal acts;
Preparations for drafting of the possible complaint to the Federal Election Commission as well as to the City of Belgrade Election Commission, along with the drafting of the model complaint;
Consultations on possible criminal acts and torts were held, as well as consultations on court jurisdiction, along with the drafting of model criminal charges;
Drafting of the model complaint to the Federal Constitutional Court was performed.

Phase II

Between September 24 (the election day) and September 30, LEX expert teams were on duty around the clock.

Within this phase the following expert work was performed:

Drafting of the complaint to the Federal Election Commission and of the complaint to the City of Belgrade Election Commission;
Legal aid to defendants at the regular courts as well as at the magistrates.

On September 27th LEX experts Leposava Karamarkovic M.L.; Jelisaveta Vasilic; Sanja Lekic; Mirjana Pavlovic; Oliver Zivkovic and Gordana Mihailovic, in their capacity of LEX members, took part in the DOS expert group of 50 authorized to make insight into the electoral material in the Federal Election Commission.

Following this action a press conference in the Belgrade Media Center was held by LEX on September 30 th , with participation of 18 prominent judges and lawyers.

Phase III

Within this project phase a Complain to the Federal Constitutional Court was drafted.

In taking of the statements employed as evidence for the Complaint to the Federal Constitutional Court, in gathering of other evidence as well as in drafting of the Complaint to the FCC, apart from the DOS legal experts the following LEX legal experts took part: Slobodan Vucetic; Prof. Zoran Tomic, Ph.D.; Leposava Karamarkovic M.L.; Zoran Ivosevic, Ph.D.; Mirjana Rasic; Bozo Prelevic; Dusan Slijepcevic; Vida Petrovic Skero; Prof. Zoran Lucic, Ph.D.

Phase IV

Within this phase a hearing at the Federal Constitutional Court was held on October the 4 th . In their capacity of LEX legal experts Prof. Zoran Tomic, Prof. Zoran Lucic, Vida Petrovic Skero and Mirjana Rasic took part at this hearing.

Phase V

Phase V of the Project was realized on October the 4 th by drafting of the criminal charges against the citizen Slobodan Milosevic and the members of the Federal Election Commission.

The Criminal Charges were submitted to the Public Attorney on October 5th.

RESULTS OBTAINED

Media coverage of the LEX legal expert team contributed too wide and thorough citizens' awareness and understanding of the nature and methodology of the FEC manipulations.

Eventually, The Federal Constitutional Court (FCC) completely accepted all assertions of the Complaint and the very Complaint was exploited by the FCC as the only political exit for the president at that moment still in office, Slobodan Milosevic. Namely, without such Complaint being submitted neither the current Federal Parliament could be constituted nor the current President could be inaugurated, for the Federal Parliament alone was authorized to confirm the presidential election results in a form of a law.

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