N3.T12 – PROPOSAL TO AMEND THE CRIMINAL PROCEDURE CODE REGARDING EXTENSION OF DETENTION WITHDRAWN
HRA NEWSLETTER 3 – TOPIC 12
The proposed amendments to the Criminal Procedure Code, which included a provision to extend the detention of suspects from three to five years in the absence of a first instance verdict, have been withdrawn from parliamentary consideration. This decision was made by the proponents of the amendment, deputies Vasilije Čarapić and Miodrag Laković from the Europe Now Movement, following opposition from representatives of ruling parties, including the New Serbian Democracy, the Democratic People’s Party, the Bosniak Party, as well as the opposition Democratic Party of Socialists.
The European Movement had initially advocated for this legal change by citing the complexities involved in prosecuting serious crimes such as organized crime, terrorism, and war crimes. They argued that these cases often entail numerous perpetrators and witnesses and possess international dimensions, which can necessitate extended timeframes for legal proceedings.
However, the NGO Human Rights Action (HRA) strongly criticized the amendment proposal. HRA Director Tea Gorjanc-Prelević asserted that extending detention in cases without a first instance verdict is not a viable solution. “It reflects the state’s failure to properly organize its judiciary to safeguard human rights, which is its fundamental responsibility”, she stated.
Gorjanc-Prelević further emphasized that it is alarming to consider abandoning one of the fundamental guarantees of human rights due to the state’s inability to ensure a verdict is reached within a three-year period.
