Serbia Handbook for Legal Aid Providers Final

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It is important to note that the “right to property” is not an absolute right. In some instances public interest outweighs that of the right of the individual. However, any interference with such property must be balanced and lawful under the applicable law. Also a fair balance must be maintained between the demands of the general interest and the requirements of the protection of the individual’s fundamental rights. 52 This is especially true in the Kosovo and Metohija context, given that many IDPs are likely not aware of expropriation of their property given their displaced status. 53 There have been many instances in post-conflict environments where violation of property rights with an intention to harm a particular ethnic group has been veiled to be within the public interest, unfortunately this seems to be the case in Kosovo and Metohija as well. Prior to any interference of a private property right there must be effective notice to the property right holder and an opportunity to contest the interference. This is one of the tenants of due process and the right to a fair trial. 54 In the cases where there is an interference of a property right by the local government and a genuine public interest reason has been proven, there still must be fair compensation to the property right holder. 55 The best measure is that the compensation must equal the value of the property. If the interference/depravation of the use of private property is found to have been done in violation of the basic rights of the individual, showing neither a public interest requirement, a violation of the right to a fair trial or ineffective compensation then this would be tantamount to “State” sanctioned forced displacement, This is true regardless of whether the IDP was already in displacement, as now the government is directly responsible for creating an impediment to restitution of property and return. This can be interpreted to be a violation of the right to freedom of movement and residence. 56 52 Lithgow et alia v. the United Kingdom, ECHR judgment, 8 July 1986, Series A no. 102, p. 50, para. 120 53 OSCE Report, Expropriations in Kosovo (December 2006). 54 ICCPR Art 14(1), ECHR Art. 6 55 Ibid, Akkus vs. Turkey, ECHR judgment of 09 July 1997, para. 30 56 UDHR Art. 13, ICCPR Art 12(1).
Practical Annexes Sources of information relevant to the Legal Aid scope of work (institutions, reports, legal frameworks, contacts, other links, etc) at: Agencies Center on Housing Rights and Evictions www.cohre.org Commissariat for Refugees and IDPs www.kirs.sr.gov.yu Danish Refugee Council www.drc.dk Displacement Solutions www.displacementsolutions.org EULEX in Kosovo www.eulex-kosovo.eu European Court of Human Rights www.echr.coe.int/echr/Homepage_EN Housing and Property Directorate http://www.kpaonline.org/hpd/ Internal Displacement Monitoring Center www.internal-displacement.org KFOR www.nato.int/KFOR Kosovo Judicial Council www.kgjk-ks.org Kosovo Property Agency www.kpaonline.org Kosovo Trust Agency www.kta-kosovo.org Ministry for Kosovo & Metohija www.kim.sr.gov.yu/cms/item/home/sr.html Ombudsperson Institution in Kosovo www.ombudspersonkosovo.org/ OSCE in Kosovo www.osce.org/kosovo UNMIK Human Rights Advisory Panel www.unmikonline.org/human_rights/index.htm UNMIK Main Webpage www.unmikonline.org UNHCR www.unhcr.org --------------------------------------------------------------------------------------------------------------------
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
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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 and 28: copy of the response interview of t
Page 29 and 30: Thus, when a legal officer discover
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: Housing Land and Property Records D
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
Page 85 and 86: Annex - Forms and Templates Име:
Page 87 and 88: Канцеларија правне
Page 89 and 90: Разумео сам и сагла
Page 91 and 92: AUTHORIZATION LETTER I (Name of Cli
Page 93 and 94: eneficiary, and that after expirati
Page 95 and 96: Свака уговорна стр
Page 97 and 98: SAMPLE LETTER FOR BENEFICIARIES REF
Page 99 and 100: ОБРАЗАЦ ДОПИСА КОР
Page 101 and 102: Guiding Principles on Internal Disp
Page 103 and 104: displacements are effected in satis
Page 105 and 106: Principle 16 1. All internally disp
Page 107 and 108: free and compulsory at the primary
Page 109 and 110: Principles on Housing & Property Re
Page 111 and 112: 5.2 States should incorporate prote
Page 113 and 114:
and complaints procedures, verifica
Page 115 and 116:
component of any restitution Progra
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18.3 States should ensure that nati
Page 119:
Section VII. Interpretation 23. Int
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Serbia Handbook for Legal Aid Providers Final

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