Serbia Handbook for Legal Aid Providers Final

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This includes various miscellaneous types of property problems; including KFOR occupation of property, temporary representative cases, property cases of significant value to judicial precedent. Client is an IDP living in Merdere. From 1999 until 2003 KFOR had occupied his farmland in Podujevo on the Kosovo boundary. He wishes to file a claim against KFOR for using the land and preventing him from using it. The approach to use in each case will depend on the type of problem the client is facing. The examples given in the breakdowns above should be a good guide on how to proceed with other types of cases. Section 5 – Making a complaint under the Anti-discrimination law During the intake of an application for legal aid the legal officer may become aware of an instance of discrimination directed against the claimant. It is important first to determine whether evidence exists to prove a claim of discrimination from a legal perspective. This requires documenting the information provided by a complainant or complainants and their application of the legal test for discrimination. While Kosovo and Metohija does have an Anti-Discrimination Law (ADL) on paper and it was promulgated years ago, to date there has been little or no reference to actual implementation of this law. While the anti-discrimination law is broad and covers many areas the focus here will be housing and property related. Types of Complaints It’s important to note that there is often a detrimental effect tied to a discrimination claim. An access to justice complaint arises when a person or group of persons complain that they have encountered barriers in gaining access to courts. The complainant may face Tangible barriers (like lack of transportation, threats to safety or security or security, language or physical obstacles). The may also complain of intangible barrier (such as delay, uncertainty in the law, lack if confidence in the fair application of law, or limited information on the law and their legal rights). A civil rights complaint is a claim that a person has been discriminated against on a prohibited ground by infringement of a protected activity. The test summarised below is the test for discrimination under the European Convention on Human Rights, art. 14, but its elements are common to discrimination tests under most international human rights instruments as well as European Union law. It is important for the legal officer to understand and apply this test to field issues to identify potential discrimination issues. The Penultimate Question a legal officer should themselves ask is whether conduct on the part of governmental authorities could amount to arbitrary discrimination (versus permissible differentiation) on their part where both parties are in a comparable situation? 28
Thus, when a legal officer discovers evidence of government actors treating an individual or group less favourably than another individual or group where both parties are in a comparable situation, he/she should apply the following test to determine if discrimination has occurred: DIFFERING TREATMENT? - Has an individual or group of individuals been treated differently (i.e. less favourably) by governmental authorities than others who are in a comparable position? (If “yes”, go the next step; if “no” there is no arbitrary discrimination) IS THERE A LEGITIMATE AIM? - Does the State have a legitimate aim in treating the individual or group of individuals differently i.e. does the state have a reasonable and objective justification for the differing treatment, considering the aim of the differing treatment and the effect that it will have? (If “yes” then go to the next step; if “no” then there is arbitrary discrimination in violation of art. 14 of the ECHR) ARE THE MEASURES THE STATE EMPLOYS TO ACHIEVE THE AIM PROPORTIONATE? - Even if the State does have a legitimate aim in treating individuals or groups of individuals differently, are the means use proportionate to the aim to be achieved? . Thus, under international human rights standards, the State can restrict an individual’s or a group of individuals’ rights only so much as is necessary to achieve a legitimate objective, AND NO MORE. (If the answer is “yes, it’s proportionate” there is not arbitrary discrimination. But if the measures that the State takes are not proportionate [i.e. they are more than is necessary to achieve a legitimate aim], then a case of arbitrary discrimination has been established. Assessing Discrimination Prohibited grounds include ethnicity, race, religion, nationality, language, social origin, birth, property, sex, gender, sexual orientation, marital status, mental or physical disability. However, the categories of prohibited grounds are not closed and may include other similar or analogous grounds. Those could include family status as example. The complainant may self-identify with one or more vulnerable groups. Protected activities include employment and vocational training, membership in and Employment organization (such as guild or trade union), education, housing, health and social welfare, welfare, access to goods and services, access to public places, personal security, participation in public affairs (such as voting or standing for office) and fair treatment by the courts. The Complaint Format TEST FOR IDENTIFYING ARBITRARY DISCRIMINATION No Discrimination Different Treatmen t? Yes Discrimination Legitimat e Aim Discrimination No No No Yes Yes Proportional No Discrimination 29
Page 1 and 2: Further Support to Refugees and IDP
Page 3 and 4: Section 1 - Introduction This manua
Page 5 and 6: - prepare and widely disseminate an
Page 7 and 8: Section 2 - The Legal Aid Process T
Page 9 and 10: Applications via telephone Organiza
Page 11 and 12: number, and cases should be filed i
Page 13 and 14: Individual files an application for
Page 15 and 16: (CLIENT NAME) (CLIENT ADDRESS) Dear
Page 17 and 18: When providing legal info/advice ov
Page 19 and 20: anyone that would be able to persua
Page 21 and 22: There has been a great deal of nega
Page 23 and 24: A client has a plot of farmland alo
Page 25 and 26: Our client’s mother died in 2007
Page 27: copy of the response interview of t
Page 31 and 32: The following are not likely to be
Page 33 and 34: their displacement peacefully. Shou
Page 35 and 36: 2. Date and details of telephone ca
Page 37 and 38: The confidentiality of file documen
Page 39 and 40: - A client asks you to investigate
Page 41 and 42: � sexually explicit pictures, scr
Page 43 and 44: Section 8 - Statistics/Registering
Page 45 and 46: The categories of cases listed belo
Page 47 and 48: The legal aid database is the ultim
Page 49 and 50: Total Number of Outreach Visits Tim
Page 51 and 52: of movement for vulnerable ethnic g
Page 53 and 54: These standards are found in many i
Page 55 and 56: Specific statements have been made
Page 57 and 58: Physical return is not the only opt
Page 59 and 60: Is cash the only form of acceptable
Page 61 and 62: Housing Land and Property Records D
Page 63 and 64: Practical Annexes Sources of inform
Page 65 and 66: ADMINISTRATIVE DIRECTION 2002/4 On
Page 67 and 68: ADMINISTRATIVE DIRECTION NO. 2003/1
Page 69 and 70: Law on Registration of Real Propert
Page 71 and 72: Agency for Confiscated & Sequestrat
Page 73 and 74: Useful information about legal aid
Page 75 and 76: of Art 1 of Protocol 1 due to the l
Page 77 and 78: fair and efficient. It is competent
Page 79 and 80:
Danish Refugee Council Contacts: Ad
Page 81 and 82:
support during the legal process. C
Page 83 and 84:
MUNICIPAL COURT GLOGOVAC OPSTINSKI
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Annex - Forms and Templates Име:
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Канцеларија правне
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Разумео сам и сагла
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AUTHORIZATION LETTER I (Name of Cli
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eneficiary, and that after expirati
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Свака уговорна стр
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SAMPLE LETTER FOR BENEFICIARIES REF
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ОБРАЗАЦ ДОПИСА КОР
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Guiding Principles on Internal Disp
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displacements are effected in satis
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Principle 16 1. All internally disp
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free and compulsory at the primary
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Principles on Housing & Property Re
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5.2 States should incorporate prote
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and complaints procedures, verifica
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component of any restitution Progra
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18.3 States should ensure that nati
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Section VII. Interpretation 23. Int
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Serbia Handbook for Legal Aid Providers Final

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