EU To Push For Rule of Law and Security

The international community need to strongly advocate the development of mechanisms which will prevent the police politicization in Serbia.

By Sofija Mandić (BCSP) / Photo: European Parliament

Serbia officially started the negotiation process for its accession to the European Union in January 2014. On July 18, the key chapters 23 (judiciary and fundamental rights) and 24 (justice, freedom, security) were opened at the Intergovernmental Accession Conference held in Brussels. Interim benchmarks for measuring progress in the two chapters were also set at the conference.

Progress in chapters 23 and 24 represent the base for the rule of law and main condition for negotiating all other chapters. More important, chapters 23 and 24 are focusing on all issues related to security and citizens’ personal sense of living in a society of justice and liberty. This process tackles issues highly important for the everyday life of citizens such efficiency of the judiciary, anti-corruption actions in public institutions, supporting rights of minorities, marginalized and access to justice. One of the specially important requests of EU is depoliticization and professionalization of police, including the fight against corruption within its lines. This request is also confirmed in interim benchmarks set in Intergovernmental Accession Conference.

The European Union invited Serbian authorities to implement detailed steps for establishing robust safeguards to ensure that the police integrity is strengthened and that police services are operationally independent from political interests and shielded from criminal influence.

Serbian public is actively interested in the police depoliticization issue. The interest is triggered by the illegal demolition of private property in Belgrade quarter Savamala. The incident happened in April election night, while people’s votes were still counted. Demolition was organized by still unknown group and was related to the state-involved real estate development deal. While demolishing, a masked group tied up onlookers and took their communication devices. Police refused to react to citizen’s calls, declaring they can’t help them.

Late April event led to still ongoing massive citizen’s protests, asking for Belgrade mayor and heads of national and city police resignations. Serbian Ombudsman initiated an investigation on “Savamala” case within his mandate and concluded in his report that the action was “coordinated and organized from the top of the police”.

Serbian Prime minister Vučić confessed to the media that Belgrade city authorities were guilty of the happening, but refused to name the responsible individuals. The responsibility question still needs to be addressed by the Prosecutor. Unfortunately, after being pushed by the public to initially react, the investigation is tapping in one place for more than two months and it hasn’t progressed from initial phase.

Although Union closely follows reform of police forces, there is no official reaction from Brussels to the “Savamala” incident. This event is showcasing the lack of professionalization and depoliticization of police, which is important not only for Serbia’s EU membership but more – for citizens’ safety and trust in police and state institutions.

Politicization and lack of operational independence from political leaders and structures is an extensive problem of Serbia. This is confirmed by the legal framework on policing which introduces a wide scope of competencies of Minister of Interior and other politically elected figures, and by the citizens’ perception that the police serve the political parties’ interests. For example, more than 80 percent of the citizens of Serbia believe that the influence of politics on operative work of the police is quite high.

It is, therefore, necessary that the international community – the EU in particular – strongly advocate the development of legal instruments and institutional mechanisms which will prevent the political leaders and structures interfering in police operational work. Good tool for this advocacy is Chapter 24 negotiations process.

It is necessary for the EU not to stay blind on such intrusive practices such as “Savamala” demolition. If that happen, there are high chances that Serbia as a potential member state will try to hide more similar cases and check the Chapter 24 boxes with symbolic or simulated police reforms. The biggest favour EU could do for Serbian citizens’ is not allowing this scenario.