almanac on security sector oversight in the Western Balkans

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Table 5: Supervision over Intelligence Services Oversight mechanisms and competences 146 Which are functioning in practice? Which are not functioning in practice? Parliament Ombudsman President State Audit Office • Files amendments within the parliamentary group/ individually (sporadically) • Votes on the budget • Initiates interpellations (minister of interior) • Discusses publicprocurement deals (sporadically) • MPs questions • Discusses annual report on the work of the DSCI and IA • Conducts field visits (sporadically) • Submits interpellations to the president (reg. Intelligence Agency) • Investigates about possible human rights abuses • Initiates oversight hearings or public debates • Cooperates with CSOs • Goes through final audit reports for the respective ministry / state institution • Proposes laws within political group / individually • Receives and acts upon complaints • Issues recommendation (sporadically) • Conducts field visits • Holds meetings with officials • Files criminal charges • Starts investigations independently • Appoints the Chief of General Staff • Appoints and dismisses the director of the Intelligence Agency • Exercises veto over new laws • Performs auditing • Conducts field visits • Accesses classified information • Follows up on issued recommendations (sporadically) • Files criminal charges • Issues separate recommendations Constitutional Court • Assesses legality of adopted laws • Protects freedoms and rights of individuals and citizens * • Decides on accountability of the president ** * Since 2008 the Constitutional Court has not decided upon any complaint by a citizen regarding the work of the intelligence services. ** There have not been any cases where parliament has initiated such a process, which is why the Constitutional Court has not exercised this right.
Macedonia Members of the Committee Supervising Intelligence Agencies lack expertise necessary to oversee the Intelligence Agency and the Directorate for Security and Counter Intelligence (Member of Parliament, 2011). This is particularly true for field visits which require more specific information and experience (Official from the Intelligence Services, 2011). Apart from one employee, committees do not employ advisors providing information and expertise to committee members. This lack of capacity is paired with a lack of political will among the committee members. To increase independence and efficiency of committees, the parliamentary rulebook dictates that the committee chairpersons should be appointed from the opposition. This contributes to committee independence. In practice almost all decisions, especially within the Committee Supervising Intelligence Agencies are taken by consensus, meaning the majority of committee members (who are members of the ruling party) do not want to oppose or go beyond the “ceremonial” function of their work. The Committee Supervising Communication Interception is an exception, with the majority of members coming from the opposition. The annual reports of the IA and the DSCI are very sparse and lack information in many areas such as budget lines or procurement deals. The head of the Committee Supervising Intelligence Agencies has noted that there is a degree of unaccountability in the financial segment, with no explanations for the large amount of money spent on procurement of equipment in the Directorate for Security and Counter Intelligence (Utrinski Vesnik 2011, p.3). Relevant state bodies do not take these committees seriously. The director of the DSCI missed many deadlines for submitting reports or work programs. Members of committees have only sporadically requested extraordinary reports from the security and intelligence services. The Committee Supervising Communications Interception seems to do slightly better than the Committee Supervising Intelligence Services. So far both the Ministry of Interior and the Ministry of Defence have been cooperative in delivering reports on their work to this committee. The Committee Supervising Communications Interception also has enhanced powers, including field visits and access to classified data, but so far has not used them. In plenary sessions, especially those for Parliamentary questions, the Minister of Interior is regularly questioned about the work of the director of the DSCI. Many of them are about the alleged abuse of special investigative measures by the DSCI. All of the “sensitive” questions seem to come from opposition parties. 5.2. President Since the president appoints and dismisses the director of the IA he/she acts as a counterbalance to the power vested in the government. In this power sharing agreement, the Intelligence Agency is obliged to report first and foremost to the president. Appointment of the Intelligence Agency head has been controversial. The appointment of persons with political portfolios coming from party ranks to positions such as the directorship of the Intelligence Agency has drawn public and expert criticism. 147 Almanac on Security Sector Oversight in the Western Balkans
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Serbia Almanac on Security Sector O
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Publishers: the Belgrade Centre for
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Acknowledgements This alman
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Introduction While official coopera
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the purpose of this study, accounta
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Different authors chose to present
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Chapter 1 - Albania Authors: Arjan
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1 . Introduction Albania This chapt
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Albania cotts them. Opposition ofte
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Table 2: Permanent committees with
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Albania The president is also the h
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Albania trust the expertise of the
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Box 1: The Gerdec case Albania The
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Albania Executive financial control
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Albania resources of the People´s
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Albania become a common trend (Free
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Albania intelligence, while the Nat
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Albania these units are not always
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Albania Trust has increased in the
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Albania • The executive and parli
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Albania 26. Minutes from the discus
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Albania 11. OECD. SIGMA, Support fo
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Abbreviations and acronyms BiH Bosn
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that with its assistance, in the fo
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fourteen police agencies in Bosnia
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An institution that best exemplifie
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Several different agencies share co
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this research, these departments ad
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the respect for human rights in the
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significantly improved since 2008,
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2006, Bosnia and Herzegovina signed
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5 . Recommendations The proposed la
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Bibliography 68 Primary sources 1.
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8. www.sipa.gov.ba - state Investig
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Abbreviations and acronyms BiH Bosn
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1 . Introduction This chapter will
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new dynamics to both, internal and
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social groups and institutions as a
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Figure 1 International organization
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higher standards of operations of s
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There are numerous ways in which pa
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norms result from overzealous attem
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esources is a fact of life in all t
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5.1.2. Lessons learned from impleme
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Social Democratic government marked
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Page 98 and 99: Bibliography 53 1. Anderson, Peter
Page 100: 38. Zakon o prekršajima, Narodne n
Page 104 and 105: Abbreviations and acronyms ACA Koso
Page 106 and 107: 1 . Introduction The security secto
Page 108 and 109: The international military presence
Page 110 and 111: Figure 1: Organisation of the Secur
Page 112 and 113: Figure 2: Mapping of the Security S
Page 114 and 115: According to the new Law on the Pol
Page 116 and 117: Hearings for budgetary proposals ar
Page 118 and 119: Court decisions for criminal cases
Page 120 and 121: human rights by the Kosovo Assembly
Page 122 and 123: Both the OAG and the ACA submit the
Page 124 and 125: context, therefore, is a crucial in
Page 126 and 127: Bibliography 126 Legislation 1. Con
Page 129 and 130: Chapter 5 - Macedonia Author: Andre
Page 131 and 132: 1 . Introduction Macedonia Macedoni
Page 133 and 134: Macedonia through assistance to and
Page 135 and 136: Macedonia Oversight institutions ha
Page 137 and 138: Macedonia Thirdly, the Committee on
Page 139 and 140: Macedonia Even though the SAO issue
Page 141 and 142: 4.1. Parliament Macedonia The polic
Page 143 and 144: Macedonia SICPS is unprofessional a
Page 145: 4.5. Constitutional Court Macedonia
Page 149 and 150: Macedonia person under surveillance
Page 151 and 152: Macedonia should be expanded by con
Page 153 and 154: Macedonia 14. Закон за ра
Page 155 and 156: Macedonia 32. State Audit Office (2
Page 159 and 160: Chapter 6 - Montenegro Authors: Raj
Page 161 and 162: 1 . Introduction Montenegro The aim
Page 163 and 164: Montenegro The process of security
Page 165 and 166: Montenegro Finally, the National Se
Page 167 and 168: Montenegro CSD only needs the agree
Page 169 and 170: Montenegro bers representing differ
Page 171 and 172: Montenegro only after the Agency fo
Page 173 and 174: 3.5. Financial oversight and contro
Page 175 and 176: Montenegro make additional efforts
Page 177 and 178: Bibliography Legislation Montenegro
Page 179: Montenegro 13. Ministry of Internal
Page 182 and 183: Abbreviations and acronyms CCD Code
Page 184 and 185: herent. The reason for this was a l
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Page 188 and 189: security institutions during one wo
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have acted as intermediaries of the
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and the third, budgetary inspection
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obliged to send quarterly reports o
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The aforementioned problems could b
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6.1.3. Judiciary • Courts should
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Bibliography 206 Primary sources 1.
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208 Secondary sources 1. Belgrade C
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210
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Abbreviations and acronyms ARS Army
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ise data from previous analyses 186
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states and in the region (Hadžić,
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The formative phase was crucial for
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similarities between the processes
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adical SSR, but also the main threa
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The emergence of new actors permane
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control and oversee the work of exe
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MPs in the work of several committe
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Table 3: New legal framework Laws A
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Table 4 - part 2: Political and Str
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Table 7: Independent State Institut
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14. Miroslav Hadžić, Milorad Timo
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SSR Index - Measuring to Advance De
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1 . Introduction SSR Index - Measur
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Box 1: Where is this framework appl
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• Frequency: frequent/occasional/
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Annex I: Grading System for SSR GRA
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GRADE 5 Focus is on adopted values
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Grades Grades for Parliamentary Con
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Albania Grades Table: Measuring Thr
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Albania Bosnia and Herzegovina tran
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Bosnia and Herzegovina reveals defi
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Bosnia and Herzegovina Croatia esta
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Croatia Grades GENERAL TRANSPARENCY
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Croatia contribute to the planning
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Kosovo Grades GENERAL TRANSPARENCY
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Kosovo Macedonia Procurement transp
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Macedonia Grades GENERAL TRANSPAREN
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Macedonia The state budget is based
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Montenegro Recommendations: • The
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Montenegro of Public Procurement, t
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Serbia ties of the DSC’s work, cl
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Serbia of the actors’ organizatio
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Research Consortium Partners ANALYT
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