WAR TIME DECREES AND REGULATIONS

DECREE ON INTERNAL AFFAIRS DURING THE STATE OF WAR

- short legal analysis -

According to the Decree, the Internal Affairs Act of the Republic of Serbia and other regulations pertinent to internal affairs shall be enforced during the state of war unless the Decree provides otherwise.

The Decree introduces certain broader competencies for the Ministry of the Interior during the state of war. These include:

If maintenance of public law and order and prevention of jeopardy to defence and security require, the Ministry shall be authorised to restrict movement, i.e. detain a person, for longer than 24 hours -- which was the maximum length provided in Article 11 (3) of the Internal Affairs Act -- in case unremovable obstacles block initiation of misdemeanour or criminal prosecution. The Ministry shall have this authority over persons who: a) violate public law and order, b) speculate on the market during war conditions, c) disrupt the regular flows of provisions of the basic foodstuffs and other articles on the special regime, and d) in any other way jeopardise the safety of citizens or the defence and safety of the republic.

If the purposes of the defence of the republic require, the Minister of the Interior shall be authorised to pass the security measure of detaining the person who puts the safety of the Republic into danger. The person may be kept in detention for as long as the reasons of the detention exist, or 60 days maximum. After this term, the person shall be handed over to the court administration.

Out of security reasons during the detaining procedure, officers of the Ministry of the Interior shall have the authority without a search warrant to search the person. Ministry's officers shall be authorised without a search warrant to search persons, their belongings, vehicles and premises in order to check against illegal possession of weapons, ammunition, explosives and other articles that can be used for attack or diversions; against illegal possession of articles that are on the special regime during the state of war; as well as against enemy propaganda materials.

When the interests of security and defence of the country require, should there be a grounded suspicion of a perpatration of a criminal offence, ministry's officers shall be authorised to open letters and other dispatches on decision of the immediate senior officer. This regulation appends Article 13 of Internal Affairs Act, which provided that the principle of inviolability of the secret of a letter can be disregarded only on decision by the Chairman of the Supreme Court of Serbia, or a judge designated by that chairman, and if criminal prosecution or for the security and defence of the republic require so.

If unable to prevent the escape of a person caught in a misdemeanour act, ministrys officers shall be authorised to use firearms. Previously, Article 23 of the Internal Affairs Act authorised ministrys officers to use fire arms if there was suspicion that the person was in possession of a fire arm and intended to use it.

The Decree provides that ministrys officers shall be any employees of the Ministry of the Interior designated by the Minister of the Interior or a person designated by him. Ministrys officers shall be obliged to carry out all orders their superiors issue them with in the line of duty, unless the enforcement of these orders should constitute a misdemeanour.

If the interests of the services require, the Minister of the Interior or person designated by him may relocate any employee of the Ministry or send him to some other ministry unit for as long a period as the interests of the service require.

As a counterbalance to the broadened authorities of ministrys officers, the Decree imposes stricter disciplinary responsibility for them. As grave violations of officers professional duties and obligations, in addition to those included in the Internal Affairs Act, the Decree includes the following actions:

Unjustified absence or wilful abandon of war unit or institution;

Divulgence of army secrets, recklessness or lack of alertness in securing documents or data;

Failure to report or filing incorrect reports or information, forgery of official identification documents or information, and use of forged identification documents;

Nationally, racially and religiously intolerant behaviour or acts of opposition to military, political and economic measures passed by the state that could weaken the unity of the defence of the country;

Any other action or failure to act that represents grave violation of regulations or orders, or gross neglect and hindrance of proper and prompt operation of the service.

In addition to the discipline measures and sanctions provided in the Internal Affairs Act, the Decree introduces new sanctions for grave violations of officers professional duties and obligations. These include up to 60-days detention or one- to two-years demotion. Sanctions for the grave violations of officers' professional duties and obligations shall be passed by the head of the particular department of the ministry or a person designated by him.

The Decree imposes new sanctions for lighter violations of officers professional duties and obligations. These include restriction of movement to the army/police barracks area up to four days and up to 30-days detention. The immediate superior officer in the particular war police unit shall pass sanctions for the lighter violations of officers professional duties and obligations.

The Decree provides that students of the Internal Affairs School may be recruited into the police units provided they are older than 16.