Pursuant to Article 83, sub-paragraph 8 of the Constitution of the Republic of Serbia and Articles 1 and 5 of the Law on Measures in the Event of State of Emergency (Official Herald of the RS, 19/91), and at the proposal made by the Government of the Republic of Serbia, in order to prevent major consequences which can jeopardize sovereignty, constitutional order and security of the Republic of Serbia, the Acting President of the Republic has passed the following
ORDERON SPECIAL MEASURES TO BE TAKEN DURING THE STATE OF EMERGENCY("Official Herald of the RS", Nos. 22/2003 and 83/2004 - Decision of the Constitutional Court of the Republic of Serbia) |
1.* Certain freedoms and rights of man and the citizen, specified by the Constitution of the Republic of Serbia, shall hereby be limited, and special responsibilities of state agencies during the state of emergency shall be set out.
2.* The Ministry of Interior may apprehend and detain up to 30 days any individual who is presenting a threat to other citizens or to the security of the Republic.
The measures of apprehension and detention shall be imposed by a ruling against which a complaint may be lodged to the Minister of Interior.
The person referred to in paragraph 1 of the present item shall have no right to counsel pursuant to the Criminal Procedure Code.
Wherever possible, the Ministry of Interior shall inform the family of the person referred to in paragraph 1 of the present item, of the applying of a measure of apprehending and detaining.
3. The Minister of Interior may temporarily restrict or prohibit the movement of persons in public places or in certain areas, as well as order certain persons to remain in their place of residence, instructing them to report on their whereabouts.
The Minister may issue an order to close all access to a specific area or facility and to prevent leaving such area or facility without approval.
4.* The director of the Security and Information Agency may take measures against specific natural persons or legal entities, derogating from the principle of inviolability of correspondence and other means of communication, even without a decision issued by the competent court.
5. An authorised officer shall be allowed to enter a private apartment or other premises even without a court order should this be necessary to identify or apprehend perpetrators of criminal offences, for whom there exist reasonable grounds that they are connected with organized crime, and to find traces and items relevant to criminal proceedings.
6.* The right to strike shall be suspended.
7. It shall be prohibited to call and hold rallies and other public gatherings of citizens, which are subject to prior notification to the Ministry of Interior in accordance with law.
8. It shall be prohibited to engage in political, trade union and other activities with the aim to interfere with and impede the implementation of measures taken for the period of the state of emergency.
9.* It shall be prohibited to issue public statements, disseminate newspapers and other information concerning the reasons for declaring the state of emergency and for the implementation of measures in course of the state of emergency, other than transmitting of official statements provided by the competent state authorities.
The Ministry of Culture and Public Information in co-operation with the Ministry of Interior shall ensure the enforcement of the measure specified in paragraph 1 of the present item.
10. The present Order shall come into effect as of the day it its publication in the "Official Herald of the Republic of Serbia".
*The CCRS, by the Decision IU No. 93/2003 of 8 July 2004, published in the "Official Herald of the RS", No. 83/2004, has ruled that the provision of item 1 in the segment reading: "... and special responsibilities of state agencies...", item 2 paragraph 1 reading: "... up to 30 days", and paragraph 3, items 4, 6 and 9 of the Order on Special Measures to Be Taken during the State of Emergency ("Official Herald of the RS", No. 22/2003) have not been in accordance with the Constitution and the law during their validity.