almanac on security sector oversight in the Western Balkans

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this research, these departments adhere to legally prescribed procedures, adequately process appeals from citizens and security sector employees, and administer punishment under legally assigned processes. Analysis of the data, however, reveals discrepancies. There are very few appeals, compared to the number one would expect based on the number of citizens and employees. This either suggests individuals are not sufficiently aware of their right to appeal, or difficult relations exist between the designated departments for claims during the appeals overview. Although all necessary laws and regulations have been adopted, and all proscribed departments have been established, there is a need to increase the administrative capacities of internal oversight departments. Their performance is affected by lack of office space, along with the fact that certain organisational parts of the department, such as the Sector for Material-Financial Dealings, are not located within the building of the Ministry of Internal Affairs of Federation of Bosnia and Herzegovina (Ministry of Interior Affairs, written correspondence, 15 November, 2010). 58 3.3. Judicial control The role of the judiciary in control and oversight of the use of force and special investigative measures is important to ensure basic respect for human rights. As explained above, the police must go through the Prosecutor’s Office to request court approval before launching special investigative measures. These measures can be used in instances where it would not be possible to obtain evidence in any other way, or when the acquisition of evidence by other means would pose significant obstacles. These measures are often used in cases which involve charges of: crimes against the integrity of Bosnia and Herzegovina, crimes against humanity and values protected by international law, acts of terrorism and crimes where the perpetrator can be charged with three or more years of penalty (Criminal Procedure Code, Art.116-117). The Intelligence-Security Agency Bosnia and Herzegovina can make requests directly to the courts. Evidence collected by the agency without prior court permission must be destroyed immediately. Furthermore, the director is required to notify the president of the board of the agency and the head inspector, and ensure a procedure against the individual or persons who violated the law (Law on Intelligence-Security Agency, Art.79). Past experience shows people who are being investigated are not always informed of the objective and the results of the investigation, as required by the Law on Criminal Procedure and the Law on Intelligence-Security Agency. Our analysis finds little evidence that this part of the legal regulation is being fully implemented, nor that it is implemented as intended by the law. Moreover, no register is available which could collectively show the approvals for the implementation of the special investigative measures neither from the courts nor from the prosecutors. Thus, this information is unavailable to the public. In response to our inquiries, security institutions were unwilling to divulge this information.
Bosnia and Herzegovina The constitution establishes the judiciary such that it cannot function effectively. There are currently four separate judicial structures with separate budgets that do not cooperate well. 3.4. Control by the independent oversight bodies There are fourteen independent oversight bodies in Bosnia and Herzegovina. The following table summarises their roles and the government level at which they work: Table 2: Independent Oversight Bodies Institution Level Field Institution of Human Rights Ombudsmen of Bosnia and Herzegovina Bosnia and Herzegovina Parliamentary Military Commissioner Bosnia and Herzegovina Independent Police Board of Bosnia and Herzegovina Board for Complaints of Police Officials Bosnia and Herzegovina Bosnia and Herzegovina Bosnia and Herzegovina Public Complaint Board Bosnia and Herzegovina Bosnia and Herzegovina Independent Police Board FBiH Federation of Bosnia and Herzegovina Independent Police Board RS Republika Srpska Personal Data Protection Agency Bosnia and Herzegovina Bosnia and Herzegovina State Auditor Bosnia and Herzegovina Public Auditors Office FBiH Federation of Bosnia and Herzegovina Human rights Human rights Human rights Human rights Human rights Budget Budget Public Auditors Office RS Republika Srpska Budget Anti-Corruption Agency Bosnia and Herzegovina Bosnia and Herzegovina Central Election Commission Bosnia and Herzegovina Communications Regulatory Agency of Bosnia and Herzegovina Bosnia and Herzegovina Bosnia and Herzegovina Independent Police Board of Brčko District Brčko District Electronic media The most significant institution for the protection of human rights is the Institution of Human Rights Ombudsmen of Bosnia and Herzegovina, a unified state-level institution which was established in 2007. The Ombudsmen are responsible for overseeing 59 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
Page 8 and 9: Introduction While official coopera
Page 10 and 11: the purpose of this study, accounta
Page 12 and 13: Different authors chose to present
Page 15 and 16: Chapter 1 - Albania Authors: Arjan
Page 17 and 18: 1 . Introduction Albania This chapt
Page 19 and 20: Albania cotts them. Opposition ofte
Page 21 and 22: Table 2: Permanent committees with
Page 23 and 24: Albania The president is also the h
Page 25 and 26: Albania trust the expertise of the
Page 27 and 28: Box 1: The Gerdec case Albania The
Page 29 and 30: Albania Executive financial control
Page 31 and 32: Albania resources of the People´s
Page 33 and 34: Albania become a common trend (Free
Page 35 and 36: Albania intelligence, while the Nat
Page 37 and 38: Albania these units are not always
Page 39 and 40: Albania Trust has increased in the
Page 41 and 42: Albania • The executive and parli
Page 43 and 44: Albania 26. Minutes from the discus
Page 45: Albania 11. OECD. SIGMA, Support fo
Page 48 and 49: Abbreviations and acronyms BiH Bosn
Page 50 and 51: that with its assistance, in the fo
Page 52 and 53: fourteen police agencies in Bosnia
Page 54 and 55: An institution that best exemplifie
Page 56 and 57: Several different agencies share co
Page 60 and 61: the respect for human rights in the
Page 62 and 63: significantly improved since 2008,
Page 64 and 65: 2006, Bosnia and Herzegovina signed
Page 66 and 67: 5 . Recommendations The proposed la
Page 68 and 69: Bibliography 68 Primary sources 1.
Page 70: 8. www.sipa.gov.ba - state Investig
Page 74 and 75: Abbreviations and acronyms BiH Bosn
Page 76 and 77: 1 . Introduction This chapter will
Page 78 and 79: new dynamics to both, internal and
Page 80 and 81: social groups and institutions as a
Page 82 and 83: Figure 1 International organization
Page 84 and 85: higher standards of operations of s
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Page 98 and 99: Bibliography 53 1. Anderson, Peter
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Page 104 and 105: Abbreviations and acronyms ACA Koso
Page 106 and 107: 1 . Introduction The security secto
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The international military presence
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Figure 1: Organisation of the Secur
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Figure 2: Mapping of the Security S
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According to the new Law on the Pol
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Hearings for budgetary proposals ar
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Court decisions for criminal cases
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human rights by the Kosovo Assembly
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Both the OAG and the ACA submit the
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context, therefore, is a crucial in
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Bibliography 126 Legislation 1. Con
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Chapter 5 - Macedonia Author: Andre
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1 . Introduction Macedonia Macedoni
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Macedonia through assistance to and
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Macedonia Oversight institutions ha
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Macedonia Thirdly, the Committee on
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Macedonia Even though the SAO issue
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4.1. Parliament Macedonia The polic
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Macedonia SICPS is unprofessional a
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4.5. Constitutional Court Macedonia
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Macedonia Members of the Committee
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Macedonia person under surveillance
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Macedonia should be expanded by con
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Macedonia 14. Закон за ра
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Macedonia 32. State Audit Office (2
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Chapter 6 - Montenegro Authors: Raj
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1 . Introduction Montenegro The aim
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Montenegro The process of security
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Montenegro Finally, the National Se
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Montenegro CSD only needs the agree
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Montenegro bers representing differ
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Montenegro only after the Agency fo
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3.5. Financial oversight and contro
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Montenegro make additional efforts
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Bibliography Legislation Montenegro
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Montenegro 13. Ministry of Internal
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Abbreviations and acronyms CCD Code
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herent. The reason for this was a l
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ance and respect for human rights a
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security institutions during one wo
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meetings, regular exchange of infor
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maltreatment in custody it is impos
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expressed in relation to the role o
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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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