Wednesday, 12 March 2003

Order on special measures in force under the state of emergency

On the basis of Article 8, Paragraph 8 of the Constitution of the Republic of Serbia, and Articles 1 and 5 of the Act on Measures Adopted in Case of a State of Emergency (Official Gazette of the Republic of Serbia, no.


On the basis of Article 8, Paragraph 8 of the Constitution of the Republic of Serbia, and Articles 1 and 5 of the Act on Measures Adopted in Case of a State of Emergency (Official Gazette of the Republic of Serbia, no. 19/91), at the request of the Government of the Republic of Serbia,
the Acting President of the Republic of Serbia, in order to prevent further consequences which could jeopardise the sovereignty, constitutional order and security of the Republic, hereby issues this

ORDER
ON SPECIAL MEASURES IN FORCE
DURING THE STATE OF EMERGENCY

1. This order shall limit certain human and civic liberties and rights foreseen by the Constitution of the Republic of Serbia, and shall set out special competencies of state bodies for the duration of the state of emergency.
2. Any person endangering the security of other citizens or the security of the Republic may be forcibly transported to official premises of the Ministry of the Interior, and detained there for a period of up to 30 days. A formal decision shall be made relating to the implementation of the measure of transportation and detention, against which a complaint may be lodged with the Minister of the Interior. Persons held under Line 1 of this Paragraph do not have the right to an attorney as foreseen by the Act on Penal Proceedings. The Ministry of the Interior will inform the family of any person held under Paragraph 1 of this Article of the implementation of the measures of transportation and detention, if possible.
3. The Minister of the Interior may temporarily limit or prohibit the movement of people in public places or certain areas, as well as order certain persons to remain at their place of residence or abode under the obligation of coming on report. The Minister of the Interior may order the closure of all routes of approach to a certain area or building, and prohibit the leaving of said area or building without permission.
4. The Director of the Security and Information Agency may implement, against physical or legal entities, measures departing from the principle of inviolability of letters and other means of communication even without a decision to that effect by a relevant court.
5. Authorised officials shall be allowed to enter private residences and other premises, even without a decision to that effect by a relevant court, in order to discover and apprehend perpetrators of offences relating to organised crime, as well as to discover traces of said offences and objects important to the investigation.
6. The right to strike shall be suspended.
7. It shall be prohibited to convene and hold rallies and other public gatherings of citizens which are subject to prior registration at the Ministry of the Interior, in accordance with legislation.
8. It shall be prohibited to engage in political, trade union and other activities which aim at disrupting and preventing the implementation of measures in force during the state of emergency.
9. It shall be prohibited to publicly inform, distribute printed matter and other information on the reasons for the proclamation of the state of emergency, except for reporting official information of relevant state bodies. The Minstry of Culture and Public Information, in cooperation with the Ministry of the Interior, shall be responsible for the implementation of measures from Line 1 of this Paragraph.



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