Increasing Intimidation of Citizens

Preparation of Draconian Anti-Terrorist Law in Serbia

Violence in Serbia has not characteristics of classical terrorism, but it does not matter: since everywhere in the world there is an agreement about the need to fight against this evil, there is simply no better pretext for further brutal repression against opponents

AIM Podgorica, 16 June, 2000

(By AIM correspondent from Belgrade)

According to the minister of justice Dragoljub Jankovic, Serbia will soon get “one of the best anti-terrorist laws in the world”. This is, the minister explains, necessary because aggression against our country that started with NATO bombing continues with the attempts to destroy our legal system. That is why the minister promised that the evil called terrorism would be defeated by a good law and with the help of “high quality, professional, diligent and patriotic members of the police, prosecutors and judges”.

It is true that Serbia has been for years the country of violence and that from the beginning of this year things are becoming worse every month. The citizens do not know who is killing whom and why, but the authorities claim that they know it for certain: murderers are foreign agencies headed by CIA, Otpor movement and Serb Revival Movement (SPO). Two hours after manager of state airline JAT Zika Petrovic had been killed in front of his house, the police declared that this had been an act of terrorism. When about a month ago, high official of Socialist Party of Serbia (SPS) from Voivodina Bosko Perosevic was killed in the middle of Novi Sad fair, SPS was faster than the police itself: it immediately issued a statement that the murder was an act of terrorism in the background of which stood Otpor and SPO.

Classical terrorism chooses symbols for its targets, of course, while the mentioned two symbolised nothing, just as the defence minister of FRY killed in January symbolised nothing. Having heard about these murders, the public wondered in unison – why him? They all belonged to the regime, but they were not big players, on the contrary. Besides, terrorist organisations always leave a trace behind, that is, they immediately make a public announcement to brag with the committed murder. This is an essential part of their activity, because the aim of terrorist murders is to attract attention to one's political goals. Nobody has ever appeared in public in Serbia to claim any of the murders.

But this does not bother the regime. It is important that the whole world agrees that it is necessary to fight against terrorism by the severest means, so there is simply no better pretext for further brutal repression. Therefore in Serbia terrorism is a way to rule by fear.

The announced anti-terrorist law is not the only signal that the regime in Serbia is planning in order to stifle before the elections everything that is disturbing its projection of the ruling patriotic idyll of reconstruction. Another law is also in preparation which will drastically limit the activities of the non-governmental sector (”Operation of NGOs greatly varies, from humanitarian activities to complete service of NATO governments aimed at exerting pressure on Yugoslavia”, a few days ago Nikola Sainovic, a high official of SPS explained). A new law on weapons is also mentioned in public (which would drastically limit the right to carry arms - probably to all except the verified members of the ruling team and persons in charge of their security), as well as a new law on political parties.

It is even worse that on 13 June, the federal ministry of justice rejected the request of Otpor association of citizens to be entered in the register of political and social organisations. The explanation was as follows: “members of the applicant have operated illegally for some time against our regulations, among other by organising public gatherings where they call the citizens to rise for the purpose of forcible overthrowing the constitutional system”. The decision was not surprising: SPS commission for defence and security reached a conclusion some time ago that “a part of the opposition and the fascist organisation called Otpor were openly calling to terrorism and destruction of the constitutional system with everyday assistance of their mentors from abroad”. Nevertheless, this is the first time that a request for registration of a party or association has been rejected.

For the allegations of the federal ministry of justice the regime has not offered a single piece of evidence yet although it is trying: not only is it proclaiming unarmed university and high school students from Otpor the greatest enemies, it even imputes the acts of “ordinary” crime to members and supporters of this movement.

It seems, however, that the future anti-terrorist law – it is still uncertain whether it will be passed on the federal, republican or both levels – is the most serious undertaking. It is evident – as it was admitted in the report of the British Parliament on implementation of the law on terrorism and conspiracy in 1998 – that anti-terrorist measures jeopardise human rights: they limit personal freedoms, suspend one or more aspects of fair trial, disturb privacy and family life, freedom of expression, gathering and association. The regime in Serbia promised that in elaboration of the law it would use the experience of Great Britain, the USA, Spain, Italy, Ireland, Germany and France.

It seems that minister of justice Jankovic especially likes the courts prescribed for terrorists and provisions which enable the sentence of five years in prison just for membership in a banned organisation regardless of whether a terrorist act has been committed or not. Sufficient evidence can be just a statement of a witness to this special court that he/she is convinced that the indicted was a member of the banned association (Jankovic quoted the 1939 Irish law).

It was not mentioned whether provisions of 1977 Pakistani anti-terrorist act would also be taken into account, which – according to the report of Amnesty International – enables the army and the police to shoot at anybody who is committing or is believed to be committing a terrorist act. They are also authorised to arrest the suspects and search premises without a warrant, and court martials are established in which suspects for war crimes can be sentenced to death within eight days. There are other interesting examples: the Iraqi law lists 45 terrorist acts, insult of the president of the republic inclusive.

Apart from the world experience, the authorities mentioned that the future law should be made by model of decrees passed during the state of war proclaimed at the time of last year's NATO bombing. At the time, the police was authorised to limit movements and detain “persons disturbing public peace and order” for more than 24 hours, and persons who were “endangering safety of the citizens or defence and safety of the Republic”. The minister of internal affairs could even pronounce the measure of sending a person to a certain place “to stay for 60 days to persons who were a threat to the safety of the Republic”. The police could search without a warrant persons, their thing, vehicles and premises. Public gatherings could be held only with a previously obtained approval of the authority in charge.

According to the words of the dismissed judge of the constitutional court of Serbia Slobodan Vucetic, legalisation of use of tapping tapes (recorded by court order or without it) as evidence in criminal proceedings is also mentioned. “One should not be surprised if every public or private criticism of the regime and its officials were proclaimed an act of terrorism or if all public gatherings were banned, even gatherings of more than five citizens in one place, unless they were all members of the ruling parties, as Vucetic claims.

In short, the regime in Serbia has nothing positive to offer to its citizens and all the sources from which it had drawn its power so far are rapidly running dry. Since it has no intention to resign from power, and the elections planned for the coming autumn are approaching – it is offering intimidation and use of force instead. And whoever persists longer.

Roksanda Nincic

(AIM)