On June 15, 2010 the Serbian Parliament adopted a law regarding electronic communication granting the Intelligence agency and other governmental bodies the right to investigate citizens’ telephone and internet communications without prior court approval.
The law was adopted via urgent measures, not taking into consideration amendments to the republic’s protective structures nor the protest of numerous professional groups and non-governmental organizations which warned that sections of the law could allow for abuse and that it violates the constitutionally established right to privacy of communication. Namely, by article 41 of the Serbian Constitution privacy of letters and other means of communication is inviolable, and deviations are only permissible with court permission. The adopted law contradicts this constitutional article and represents a strengthening in repressive law-making practices. Citizens’ freedom and human rights are limited by this law, while the policing powers are growing. This is a militaristic implementation of security measures based solely on a repressive dimension, which actually threatens human security (above all, personal and political security as well as basic human rights and freedoms).
Instead of taking measures against those who are truly compromising the security of the country (war criminals in hiding, members of criminal organizations, the successors of wartime mafia and lords, those who carried out and continue to carry out exploitative privatizations, leaders of neo-nazi and neo-nationalist organizations, etc.), repressive measures of police control are being introduced. The introduction of these measures makes the increased monitoring of human rights movements possible. This increases the insecurity and demonization of the protectors of human rights, activists and all minorities.
Instead of implementing institutional reform (lusration, opening of secret records, civil democratic control of armed forces, creation of laws regarding private security of agencies, etc.), tighter control of citizens via fear, lack of trust and paranoid suspiciousness are being introduced. The goal of all this is the strengthening of the political state.
Women in Black will, with other nongovernment organizations, file a complaint to the Constitutional Court, requesting a review of the constitutionality of the electronic communication law.
Women in Black
Belgrade, 16. June 2010.
