Odbor za ljudska prava                                            

Committee for Human Rights

SERBIA

16000 Leskovac

office:Svetozara Markovica br.37

tel/fax: + 381 16 215-922

www.humanrightsle.org

e-mail:nesic@eunet.rs

 

 

Leskovac, 25 January, 2010

 

 

To: The European Court for Human Rights,

The President of the Court

Mr Jean Paul Costa

 

 

PETITION by

The Committee for Human Rights, Leskovac

 

 

Dear Mr Costa,

 

 

The Committee for Human Rights in Leskovac is a non-governmental organization. We monitor the condition of human rights from the aspects of the UN GA Declaration on human rights, International pact on civil and political rights, UN Convention against torture and European Convention for human rights protection and basic freedoms. We also provide legal help to people whose rights are endangered or violated.

In this context, the Committee, via its lawyer Mr Dragutin Vidosavljevic, provides legal help to Vucko Manojlovic from Nis, who has been deprived of freedom by the High Party Republic of Serbia since 31 December, 2004 as opposed to: the article 11, paragraph 2 of the GE UN Declaration no human rights; articles 10 par. 3 and art. 15 par. 1 of the International pact on civil and political rights; art. 5 par. 1,4,5 of the EU Convention for human rights and basic freedoms protection; art. 27 par. 1,3 and art. 34 par. 1 of the Constitution of the Republic of Serbia. Thus, here, in the middle of Europe they are trying to execute a death penalty by holding him in prison until his death, which is a unique case in a civilized way. This case is also in the Court for violating the right to freedom, petition number 50204/ 09.

However, with concern, we notice that the Court, even though the petition was written in accordance to the Regulation book and instructions by the court, first asked from us to file the proxy which was filled out by the petition holder himself on 23 October. We have to emphasize that together with the petition we sent the proxy on the court’s form as appendix the first time, but then again when asked. On 7 January 2010, the court asked to notify the court by 18 February 2010 whether in this case the lawyer filed a constitutional complaint to the Constitutional court of the Republic of Serbia and to forward all the documents, although from the petition itself part II – declaration of the facts 14 second but the last paragraph and section IV/17 it is clearly seen that the Committee’s lawyer had, before filing petition to the Court, filed a Constitutional Complaint to the Constitutional court of Serbia, which rejected it by a decision UZ 527/2009 dated 18 June, 2009 and the Court had been sent both the Constitutional complaint and the Constitutional court decision. 

The very fact the Court asks twice the Committee’s lawyer to send the same evidence he had already sent together with the petition and also asks to be informed about the facts that were a vital part of the petition as well as the fact stated on 7 January 2010 in which it was said that the court would discuss ” as soon as possible” and not as urgent as according to the art 5 par 4 of the EU Convention lead to a conclusion that, in this case, the court has been under a strong influence of the High Party lobbyists who have as the ultimate aim to prolong the case of Manojlovic against Serbia, as long as possible so that Manojlovic dies in prison. Also it seems that Manojlovic will not have the right to a fair trial before the Court from the art 6, par 1 of the EU Convention. All these would compromise the Court as a European Institution especially before the Serbian citizens to whom OSCE Mission in Belgrade, European Commission’s office are trying to bring closer the European institution such as the Court and are also trying to build our citizens trust into these institutions.

 

 

Also, let us point it out, in the legal circles in Serbia, is known, that even before Minister Djelic’s arrival into the Court, there has been a strong Serbian lobby in the Court and a council of three judges who are in charge of such subtle petitions dismisses them on the process filed as allegedly incorrect, not allowing them to be discussed and as such we can consider the Court’s acting in the case of Manojlovic. We see it as a process prolongation and the fact that the visit of the High Party’s high official and reaching the political agreement to consider the Constitutional complaint as an effective legal means even though the High Party’s Constitution in art 22 par 2 does not see it as a precondition for addressing the international institutions only justifies our doubts.

Bearing in mind that you are the holder of the integrity of the Court, we kindly ask you to check the allegations from this petition and to act accordingly and that the case of Manojlovic Vucko from Nis, petition number 50204/09, which can be a precedent in Europe, is decided by judges impartial by the Serbian lobbyists with respect to the art5 par 4 of the EU Convention for human rights and basic freedom us urgent.

 

Please inform us about your actions.

 

Kindest regards,

 

President of the Committee for Human Rights, Leskovac

Dobrosav Nesic