On February 8th, 2012, the Court of Appeals in Belgrade confirmed the judgement of the First Primary Court in Belgrade by which the compensation lawsuit filed by the children of Mušan Husović against the Republic of Serbia was dismissed because of the effect of the expiration of the statute of limitations. The Humanitarian Law Center (HLC) believes that such a decision is contradictory to the guaranteed rights to the prohibition of discrimination, equal protection of rights, the right to life, fair trial, and the right to compensation. Because of this, HLC filed a complaint with the Constitutional Court of Serbia (CCS) on April 19th, 2012, on behalf of six children of Mušan Husović, who was killed by members of the Yugoslav Army (YA) in February 1993 in his house in Kukurovići (Priboj Municipality), namely Husein Husović, Rašid Kaltak, Mevla Berbo, Emina Muratović, Zahida Rovčanin, Ramiza Arbak, and Džemila Čalaković, expecting this court to determine the violations of the rights and order the state of Serbia to compensate the children of Mušan Husović for the damages.
Your Excellency,
More than two weeks after the arrest of Mr. Hasan Abazi at the Konculj border crossing in Serbia, the appeal that was filed against the extension of his detention has yet to be reviewed despite the fact that Serbian jurisprudence dictates that the appellate court should complete its review either immediately or at most within three days of an appeal being filed. In addition, Mr. Abazi’s attorney is being denied access to his client’s full legal file. The violations of Serbian law on criminal proceedings in this case are thus numerous.
The government of the Republic of Serbia adopted on March 29th, 2012 the program for the return of refugees and displaced Bosniaks from the municipality of Priboj in the period 1991-1999, with a clear message that “expulsion and eviction of its citizens will not happen again under threats, fear and objective danger to life, as was the case with the Bosniak citizens in the municipality of Priboj.”
Data held by the Center Humanitarian Law (HLC) shows that in the period between March 24 and June 10, 1999, during the international armed conflict in Kosovo, 9,401 persons were killed, died or were forcibly disappeared, of whom 758 were killed by NATO activities. HLC data is based on the analysis and processing of over 6,000 documents: the testimonies of witnesses and surviving family members of the victims, court documents, government reports, reports from domestic and international human rights organizations, forensic reports, newspaper articles, books, monographs and other sources about the NATO bombing.
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