almanac on security sector oversight in the Western Balkans

Serbia
Legal preconditions for effective parliamentary control and oversight of the security
sector were set in 2010, when the Law on the National Assembly and new rules of
procedure (RoP) were adopted 128 . Provisions of the RoP on organisation and functioning
of parliamentary committees, however, 129 will be implemented only after the next
parliamentary elections (2012). Until then, provisions of old RoP on organisation and
functioning of committees (Arts. 43-73) remain. This is particularly important in the
case of the Ministry of Defence (MoD), considering old RoP do not stipulate MoD is
obliged to submit regular reports to parliament and the Defence and Security Committee
(DSC). MoD, therefore, has not submitted reports to parliament in 2006-2010.
This is the biggest deficiency in the system of democratic civilian control of the military.
The DSC is mainly limited to review of regular reports of state security sector institutions
(MoI and security services) and their almost unanimous adoption. Control over
use of coercive means is rarely performed. The DSC has yet to discuss parts of the annual
reports of the Ministry of Interior (MoI) in which use of coercive means is analysed
(although there is an increase in use of coercive means by police 130 ), nor did parliament
request the MoI to submit a report on work of the Internal Police Control Sector, despite
having power to do so.
DSC did not request ad hoc reports by the Police Internal Police Control Sector even
when there were abuses of police powers and breaches of human rights 131 . Similarly,
the DSC also does not discuss petitions and complaints of citizens against security
institutions, despite a 2010 increase of citizen complaints to the Ombudsperson concerning
the police 132 . The DSC also did not discuss petitions and complaints of security
sector personnel on working conditions, violations of rights and irregularities in the
work of the institution 133 , despite having the power to do so.
Control and oversight over use of special investigative measures also is rare. DSC does
not cooperate with other parliamentary committees (e.g. Justice and Administration)
or courts when performing control and oversight 134 . DSC, therefore, should develop
a mechanism for regular cooperation with other committees and courts, such as joint
128 During 2009, parliament adopted primary laws and strategic documents (National Security
Strategy and Defence Strategy) on defence and security, establishing democratic and civilian
control and a clear division of roles among different security sector actors.
129 The new rules of procedure envisage the establishment of two new parliamentary committees:
the Committee on Finance, budget and control of the spending of public finances and the Committee
for control of the security services.
130 According to the answers to the BCSP’s Questionnaire to MoI.
131 For example the DCS failed to discuss two cases that raised great public attention. The first one
concerned a police officer who shot a young man during a patrol in March 2010 and was later sentenced
to 13 years in prison. In another case the a police patrol, in June 2009 used excessive force on a
group of young men. A special Commission within the MoI was established to examine this case, but so
far has not reached a conclusion. (Magazine Vreme, Policija i građani- smrt Zorana Zarića: Interventna
tragedija, March 2009, No. 951).
132 In 2009 there were one hundred ninety-eight complaints and in 2010 there were two hundred
sixty-four complaints on the work of the police (Report of the Ombudsperson for 2010, http://www.
ombudsman.rs/attachments/1304_Izvestaj%20narativni%20deo%20%282%29.pdf).
133 Parliament’s answers to BCSP Questionnaire, October 2010.
134 Ibid.
189
Almanac on Security Sector Oversight in the Western Balkans