Project Proposal

LAWS ON SECURITY SERVICE

Author and coordinator:: Božo Prelević

PROJECT OBJECTIVES

The short-term objective of the project entitled “LAW ON STATE SECURITY SERVICE” is to offer alternative solutions with respect to the powers, organization and control of police forces in Serbia, Yugoslavia. It will be based on experiences and observations, as well as on analysis of solutions and experiences of democratic countries and countries in transition. Those solutions will be formulated in the internal affairs model law. Offered to relevant political and social forces, as well as to citizens (and members of police forces), this project should contribute to the enhancement of their commitment to democratic changes.

The long-term objectives of this project are directed to converting state security service to neutral stability factor, directed to the top of the state, precisely regulated by law. It is necessary for this service to be control by parliament and civil society, in rational framework.

Security service was important instrument for the functioning of the former autocratic regime. It has been military directed and it was not subject to any civil nor parliament control. Maintaining the service in that framework would be the greatest danger for the democratization of the country.

PROJECT JUSTIFICATION:

Police forces, together with the party, are one of the two relevant pillars that build autocratic system of governing and that prevent democratic transition. Police is fully centralized and military directed, separated from the citizens and politically directed on the first place, on protecting regime from the citizens and not on the application of laws. It is beyond any civil control and it has been subordinate to one person and one family. It is over increased and it has contributed to insecurity felt by citizens.

Ministry of Internal Affairs of Republic of Serbia contains Public Security and State Security. It is necessary to separate State security from the Public Security, and to convert State Security into the “Informative National Agency” (INA) which would be subject to parliamentary control (special board would be organized within the parliament that would be responsible for INA).

Unfortunately, the found conditions are totally different. Solutions in the law are mixed up. The Federal State Security does not exist, minister of internal affairs does not have power to change the chief officer of the State security and he is responsible for his work.

Because of the mention situation, Republic board for Security was two times called, but both times it was dismissed.

There is urgent need to implement the project which would differently base the problem, that would be to future INA place under the parliamentary control and isolate it from the Ministry of Internal Affairs.

It is necessary to reorganize police forces under the European standards and to separate those two parts of police, by which the healthy base for the democratization would be built, having in mind that the present state is consequence of the implementation of the Eastern models that had bad results in the practice.

Drafting of “Police legislation” has already started in LEX and the initial resources were obtained, therefore, it would be useful to start this project as soon as possible, in order to implement both projects along each other.

LEX experts are also engaged in Criminal Procedure Law drafting.

Coordinator of the project “Police legislation” is Buda Babovic, PhD, LEX member, former chief of the Yugoslav department of Interpol and Deputy President of Interpol.

Systematic analysis and presentation of the problem should emphasize importance of negative effects of present organization and political misuse of police.

Therefore, full revision of security system and new legislation solution are priority task in the struggle for democratic changes.

This is foundation of project justification which should treat those questions coherently and in whole.

PROJECT DESCRIPTION

The project should be carried out in two stages.

The first stage includes preparation of relevant documents and elaboration of the new security service model law.

In the second stage , the experts round tables would be organized, with the presence of foreign experts, mainly form the countries with similar problem.

First Stage:

The first stage will be implemented in four basic phases:

· Definition and verification of basic elements for establishment of a new security forces concept through:

a) Redefining of the mission of police in order to establish a new balance between different aspects of that mission. In this context police depolitization, deideologization and above all, professionalization are to be particularly focused;

b) Reconsideration of current external and internal control mechanisms and promotion of new bodies for police work supervision forces (i.e. a special police ombudsman within the institution of the parliamentary ombudsman);

c) Adoption of an ethical code;

d) Reduction in the number of police force members and a proposal for solving the redundancy problem;

e) Limitation of powers and discretionary rights;

f) Education of police members (a detailed revision of the syllabi at different levels, with special emphasis on respect for human rights);

· Listing of current police regulations, as well as listing of those solutions (provisions) in them which should be omitted, substituted or amended;

· Research into legal solutions and practice of several countries, presentation of results obtained in the first three phases of the project: a) to experts by holding a round table with participation of domestic and foreign experts; and b) to the general public, which will be acquainted, through the media, with the basic principles of approach to this issue and the relevant statements of the round-table participants.

· Elaboration of the security service model law, based on relevant documents prepared during the first three phases, taking into account the round-table discussion and results.

The Second Stage:

LEX will conduct a public campaign to present this model law by:

a) a media campaign and

b) a series of public presentations and forums organized with foreign and domestic experts

PROJECT REALIZATION TIME FRAMEWORK

Phase I 8 months,

Phase II 4 months

EXPECTED RESULTS

Over a short term , the project should contribute to the enhancement of the citizens' awareness and knowledge with respect to their rights, as well as to their readiness to fight for the protection of those rights.

It is also expected that the project will encourage organized democratic forces to take a much greater interest in a democratic reconstruction of the police and to manifest it by their greater and more systematic involvement in this field.

Over a long term , implementation of the first stage of this project will create conditions for transformation of the police force from an anti-democratic regime stronghold into an institution of significance for a democratic civil society development.

Ideas set forth in international instruments (universal and European) will be incorporated into national police legislation.

Democratic changes in Serbia and implementation of this project will enable reintegration of the Serbian and Yugoslav police into relevant organizations and international police cooperation (Interpol, UN, regional – European and narrower ones).

The project should contribute to the democratization of the society and introduce the necessary control over the State security Service, which is at the present beyond any parliamentary or institutional control and which is precondition for functioning of State of Law.

The Eastern model that was found had been hindrance for the democratization and was the main instrument of the former regime. Together with democratic changes that had took place in Yugoslavia, the need for this Law, which would separate the State Security form the police forces and put it under institutional control, becomes dictate of the new democratic society.

PROJET TEAM:

Project coordinator:

Božo Prelević – dismissed judge of V municipial Court in Belgrade and Minister of Internal Affairs in Serbian Government

Project team:

Budimir Babovic , PhD
Slobodan Vucetic- dismissed judge of Constitutional Court in Serbia and expert for parliamentary and constitutional system
Momcilo Grubac , PhD - Prof. At Law Faculty, Novi Sad
Dušan Slijepčević- dismissed judge of District Court in Belgrade

Project team secretary:

Dragana Petrovic-Radjenovic , Attorney at Law in Belgrade

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