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OSCE, Council of Europe Missions urge transfer of military jurisdiction to civilian authorities in Serbia and Montenegro
BELGRADE 28 May 2004
BELGRADE, 28 May 2004 - The OSCE and the Council of Europe (CoE) Missions in Belgrade have called on the Serbian and Montenegrin authorities to ensure a speedy transfer of military jurisdiction to civilian authorities as foreseen in the State Union Constitutional Charter.
The Missions expressed their concern at the serious legal vacuum within which military justice continues to operate.
Failure to implement the State Union Constitutional Charter provisions requiring the adoption of a Law to regulate the transfer of military justice to the civilian courts of the member republics has resulted in worrying breaches to the principle of the rule of law.
This is as illustrated by the investigations into the Vlajkovic case which involves the confiscation of a book allegedly containing military secrets.
The OSCE and CoE Missions pointed out that the State Union of Serbia and Montenegro has recently ratified the European Convention on Human Rights which guarantees the right to be tried by independent and impartial tribunals established by law.
The Missions expressed their concern at the serious legal vacuum within which military justice continues to operate.
Failure to implement the State Union Constitutional Charter provisions requiring the adoption of a Law to regulate the transfer of military justice to the civilian courts of the member republics has resulted in worrying breaches to the principle of the rule of law.
This is as illustrated by the investigations into the Vlajkovic case which involves the confiscation of a book allegedly containing military secrets.
The OSCE and CoE Missions pointed out that the State Union of Serbia and Montenegro has recently ratified the European Convention on Human Rights which guarantees the right to be tried by independent and impartial tribunals established by law.