Reservations and Declarations for Treaty No.005 - Convention for the Protection of Human Rights and Fundamental Freedoms

Nature of declaration : Reservations
Status as of 22/07/2017

Serbia

Reservation contained in the instrument of ratification deposited on 3 March 2004 – Or. Engl. - and withdrawn by a letter from the Permanent Representation of Serbia and Montenegro, dated 11 July 2005, registered at the Secretariat General on 15 July 2005, completed by a letter from the Permanent Representation of Serbia and Montenegro, dated 8 September 2005, registered at the Secretariat General on 8 September 2005 – Or. Engl.

The provisions of Article 5, paragraphs 1[.c] and 3, of the Convention shall be without prejudice to the application of rules on mandatory detention. This reservation concerns Article 142, paragraph 1, of the Code of Criminal Procedure (Službeni list Savezne Republike Jugoslavije, Nos. 70/01, 68/02) of the Republic of Serbia, which provides that detention shall be mandatory if a person is under reasonable suspicion of having committed an offence for which the punishment is 40 years emprisonment.
Period covered: 03/03/2004 - 15/07/2005
Articles concerned : 5

Reservation contained in the instrument of ratification deposited on 3 March 2004 – Or. Engl. - At the same time, the Minister of Foreign Affairs of Serbia and Montenegro handed over to the Secretary General a Note Verbale from the Ministry of Foreign Affairs of Serbia and Montenegro containing a brief statement of the laws concerned – Or. Engl. (See Declaration under Article 57) - and updated by a letter from the Permanent Representative of Serbia, dated 20 July 2006, registered at the Secretariat General on 20 July 2006 – Or. angl.

While affirming its willingness fully to guarantee the rights enshrined in Articles 5 and 6 of the Convention, Serbia and Montenegro declares that the provisions of Article 5, paragraph 1[.c] and Article 6, paragraphs 1 and 3, shall be without prejudice to the application of Articles 75 to 321 of the Law on Minor Offences of the Republic of Serbia (Službeni glasnik Socijalisticke Republike Srbije, No. 44/89; Službeni glasnik Republike Srbije, Nos. 21/90, 11/92, 6/93, 20/93, 53/93, 67/93, 28/94, 16/97, 37/97, 36/98, 44/98, 65/2001) that regulate proceedings before magistrates' courts.
Period covered: 03/03/2004 - 11/05/2011
Articles concerned : 5, 6

Reservation contained in the instrument of ratification deposited on 3 March 2004 – Or. Engl. and withdrawn by a letter from the Permanent Representation of Serbia and Montenegro, dated 11 July 2005, registered at the Secretariat General on 15 July 2005, completed by a letter from the Permanent Representation of Serbia and Montenegro, dated 8 September 2005, registered at the Secretariat General on 8 September 2005 – Or. Engl.

The provisions of Article 13 shall not apply in relation to the legal remedies within the jurisdiction of the Court of Serbia and Montenegro, until the said Court becomes operational in accordance with Articles 46 to 50 of the Constitutional Charter of the State Union of Serbia and Montenegro (Službeni list Srbije i Crne Gore, No. 1/03).
Period covered: 03/03/2004 - 15/07/2005
Articles concerned : 13

Reservation contained in the instrument of ratification deposited on 3 March 2004 – Or. Engl.

The right to a public hearing enshrined in Article 6, paragraph 1, of the Convention shall be without prejudice to the application of the principle that courts in Serbia do not, as a rule, hold public hearings when deciding in administrative disputes. The said rule is contained in Article 32 of the Law on Administrative Disputes (Službeni list Savezne Republike Jugoslavije, No. 46/96) of the Republic of Serbia.
Period covered: 03/03/2004 - 11/05/2011
Articles concerned : 6

Withdrawal of reservations and a declaration contained in a Note verbale from the Permanent Representation of Serbia, dated 10 May 2011, registered at the Secretariat General on 11 May 2011– Or. Engl.

The Republic of Serbia withdraws the reservations and the declaration made in accordance with Article 57 of the Convention for the Protection of Human Rights and Fundamental Freedoms, done at Rome on 4 November 1950. The reservations contained in the instrument of ratification deposited on 3 March 2004 with the Secretary General, updated by a letter from the Permanent Representative of Serbia, dated 20 July 2006, registered at the Secretariat General on 20 July 2006, concerning Article 5, paragraphe 1[c], and Article 6, paragraphs 1 and 3, of the Convention, read as follows :

"While affirming its willingness fully to guarantee the rights enshrined in Articles 5 and 6 of the Convention, Serbia and Montenegro declares that the provisions of Article 5, paragraph 1[.c] and Article 6, paragraphs 1 and 3, shall be without prejudice to the application of Articles 75 to 321 of the Law on Minor Offences of the Republic of Serbia (Sluzbeni glasnik Socijalisticke Republike Srbije, No. 44/89; Sluzbeni glasnik Republike Srbije, Nos. 21/90, 11/92, 6/93, 20/93, 53/93, 67/93, 28/94, 16/97, 37/97, 36/98, 44/98, 65/2001) that regulate proceedings before magistrates' courts.

The right to a public hearing enshrined in Article 6, paragraph 1, of the Convention shall be without prejudice to the application of the principle that courts in Serbia do not, as a rule, hold public hearings when deciding in administrative disputes. The said rule is contained in Article 32 of the Law on Administrative Disputes (Sluzbeni list Savezne Republike Jugoslavije, No. 46/96) of the Republic of Serbia."


Bearing in mind that since the deposit of its instrument of ratification, the Republic of Serbia has adopted the new Law on Minor Offences (Sluzbeni glasnik Republike Srbije, Nos. 101/05, 116/08 and 111/09), the Law on Justice Administration (Sluzbeni glasnik Republike Srbije, Nos. 116/08, 104/09 and 101/10) and the Law on Administrative Disputes (Sluzbeni glasnik Republike Srbije, No. 11/09) that have been brought in conformity with Article 5, paragraph 1[c] and Article 6, paragraphs 1 and 3, of the Convention, as well as that also adopted was the Law on Amendments to the Law on the Ratification of the European Convention for the Protection of Human Rights and Fundamental Freedoms (Sluzbeni glasnik Republike Srbije – Medjunarodni ugovori, No. 12/10) which deleted Article 3 of the Law containing the said reservations, this is to inform that the Republic of Serbia withdraws the above-mentioned reservations to the Convention for the Protection of Human Rights and Fundamental Freedoms done at Rome on 4 November 1950.

Simultaneously with the deposit of the instrument of ratification, the declaration, containing a brief statement of the laws concerned, was handed over in a Note verbale by the former Minister for Foreign Affairs of Serbia and Montenegro and updated by a letter from the Permanent Representative of Serbia, dated 20 July 2006, registered at the Secretariat General on 20 July 2006.

Having in mind the withdrawal of the above-mentioned reservations, the Republic of Serbia withdraws also the pertinent declaration as redundant.

Period covered: 11/05/2011 -
Articles concerned : 5, 57, 6


Source : Treaty Office on http://conventions.coe.int - * Disclaimer.