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Free Legal Aid Programme in 2010

The Network of Committees for Human rights in Serbia CHRIS is the only network of non-governmental organisations which provides free legal aid to citizens in the Republic of Serbia in cases when protection and achievement of their human rights have been denied since 2000.

In the first half of 2010 according to the data compiled from the CHRIS Network five offices, 349 clients of  ten different nationalities addressed the CHRIS Network that might be considered a balanced number of clients compared to the last four-year statistics. On daily basis, the paralegals during interviews collect some basic data on clients, such as: gender, education, employment status, nationality, etc. In comparison to the previous year, this year we have had some more female clients, unemployed, and with a secondary school degree; in regard to the clients’ employment status,  there have been no significant changes; and as per the  clients’ national structure, the CHRIS Network has been mostly addressed by citizens of Serbian, Bosniak, and Roma ethnicity

Current cases
The CHRIS Network Valjevo filed charges for discriminatory conduct and violation of the right to access the court on behalf of a person with disabilities. In this case, the provisions of two laws were breached: the Law on Prevention of Discrimination against Persons with Disabilities and the Law on the Protection of Discrimination in relation to procedures before the public authorities organs and use of buildings and surfaces.

In this year, a case started in April 2007 in Vranje by the CHRIS Network lawyers was finally ended with a first instance decision where the court sentenced the accused to five year imprisonment. The charges had been filed for violating the right to physical integrity (sexual harrassment and harrassment) and breaches of articles 19, 34, 35 and 36 of the UN Convention of the Rights of the Child.

As expected, by the end of 2010, the European Court for Human Rights will decide upon one application filed by the CHRIS Network on behalf of its client for violation of Article 3 of the European Convention on Human Rights that prohibits torture, and "inhuman or degrading treatment or punishment".

Increased violations of labour law rights
The mid-term period records an increase in the number of cases of violation of rights related to labour law, which reflects volatile and impaired situation in the Serbian labour area caused by domestic economic hardships and international financial crisis. For a substantial number of workers, it has been impossible to reach a minimum level of social and economic rights. Their employment status provides them with no regular salary and healthcare or pension insurances, in fact, it prevents them to benefit from social aid available to unemployed, socially vulnerable population. Furthermore, many are forced to work with minimum wages and without contributions paid in the private sector. Their rights are flagrantly violated and the state organs responsible to keep legal order and safeguard the rights of workers are ineffectual and non-functioning. Those workers are kept submissive and their unstable working and economic status has been abused by employers who do not get punished, just richer.

Increased cases of torture
Another legal qualification is more present compared to the same period last year, i.e. there has been increase in cases of torture. What might seem a low number (5) should not be neglected as these cases pose a social threat to the right to live and to physical integrity that is the first of all human rights.

The rights to one’s possessions
There has been a tendency of increased number of cases of violation of the rights to one’s possessions. Although the rights under this category vary from personal income to the rights to real estate, violation of one of the basic and sacrosanct rights to peaceful enjoyment of one’s possessions further contributes to legal insecurity of citizens.

Citizens rights before administrative organs
A massive administrative apparatus, inadequate level of investment in human resources professionalisation, non-depolitisation of the state administration, and non-accountability of one's performance are the main obstacles for establishing an efficient and good administration. Consequently, a high number of clients address the CHRIS Offices in relation to violation of their rights before administrative organs. Besides the efforts made in this area by the Republic Ombudsman, we believe it is necessary to have a local ombudsman at local level that would assure easier access to persons responsible for the protection of the rights of citizens.

The right to fair trial
The first effects of the reformed judiciary and decrease in number of judges has not positively reflected on judiciary efficacy, so the issue of safeguarding the right to fair trial, i.e. a trial within a reasonable time pursuant to article 6 of the European Convention on Human Rights, is still very actual.

Notwithstanding Serbia’s continuous efforts since 2000 to reform the performance of the state organs and judiciary through more efficient and timely functioning of all segments of the government, it is evident that the European laws do not mean European practice in Serbia. The effects of the European Court for Human Rights' decisions are not sufficient and it is necessary to establish a system of monitoring and accountability for one’s deeds and acts that violate the rights guaranteed by the European Convention on Human Rights.

Statistics since January 1, 2004:
  • The CHRIS Network’s legal teams have provided free legal aid in 5635 cases.
  • The Network’s lawyers have filed 75 cases on behalf of the citizens whose rights had been violated.
  • 19 cases were resolved in favour of the citizens.
  • Out of 8 applications filed before the European Court for Human Rights (ECHR), 2 cases were completed in favour of the victims with damages paid by the Republic of Serbia amounted to €3,500 and €10,000.
  • One application was rejected and five applications have been processed by the ECHR.

The CHRIS Network legal teams implement several forms of legal aid: provision of legal information and legal advice, writing applications, and processing cases of human rights breaches before national and international courts. The largest number of services provided to the clients is in the domain of primary legal aid. Additionally, the CHRIS Office paralegals continually provide information educating about fundamental human rights and the existing protection mechanisms to clients and citizens visiting the offices.

 

 
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