On the 21st of December 1999, the Serbian National Assembly’s Justice Committee held a meeting where it recommended the government dismiss Slobodan Vučetić, District Court Justice of Serbia, Dr Zoran Ivošević, Supreme Court Justice of Serbia and Boža Prelević, a judge of the Fifth Municipal Court. Today, on the 22nd of December, the Assembly has dismissed these judges, with the explanation that they are unfit to carry out their judicial roles due to their political activities – Justice Vučetić as a member of “G-17 plus” and of the Executive Committee of the Judges’ Association of Serbia; Justice Dr Ivoševića as a member of the Executive Committee of the Judges’ Association of Serbia; and Justice Prelević as the spokesperson of the same Association. The judges learned of their dismissals from newspaper reports. These dismissals were effected contrary to the Constitution and confirmed procedural laws, without the consideration of the judicial collegiums, without a general meeting of the Constitutional, i.e. the Supreme Court of Serbia, where the grounds for judicial dismissal should be tested, and without the right of the judges to defend themselves. Slobodan Vučetić, as a justice of the Constitutional Court, could only be dismissed against his will if he was convicted of a criminal act and sentenced unconditionally to jail, or after being rendered permanently incapable of performing judicial functions. (Constitution of Serbia, article 127). As Justices of regular courts, Dr Zoran Ivošević and Boža Prelević could only be dismissed against their will if convicted of criminal acts which would render them unsuitable for performing judicial functions; if the Supreme Court deems they have been carrying out their judicial duties in an unprofessional or unconscientious manner; or if they have permanently lost the ability to carry out judicial duties. (Constitution of Serbia, article 101)
The President of the Supreme Court of Serbia, Balša Govedarica, testified before the Justice Committee that all this was carried out according to the law.
The Belgrade Center for Human Rights is alarmed at this latest frightening disrespect for the Constitution and the judiciary – the most important institutions of every nation. Once again, the highest law in Serbia is trampled by the authorities, unfortunately personified by the President of the Supreme Court of Serbia. Once again shocked by the behavior of the members of the National Assembly of Serbia, we remind these members that the citizens of Serbia did not elect them to act according to dictates and serve as a cover for contraventions of the Constitution and the law, rather to defend constitutional institutions such as a permanent and independent judiciary. When judges, whose permanent tenure and independence is assured by every law-abiding nation, are silence silenced by the government’s will as they are in Serbia today, it is high time to ask ourselves: who will protect the rights of all citizens of Serbia in the future, and how?
The government’s attitude towards the judiciary is also its attitude towards us.
This is a case of political payback aimed at everyone who is committed to promoting their profession and upholding professional ethical standards, everyone who values their personal and professional integrity more than the dictates of those in power (whoever they may be). We ask ourselves whether the Law Society, the Bar Association, all professional societies and the citizens of Serbia will remain silent and indifferent after this, until it is their turn.
Article 101 of the Serbian Constitution
1) Judges shall have lifetime tenure.
…
3) A judge may not be dismissed against his will, except when he has been convicted of a criminal offence and sentenced to an unconditional penalty of imprisonment of no less than six months; or of a criminal offence which makes him unsuitable to perform judicial functions; or when he performs his judicial functions unprofessionally and unconscientiously; or when he has permanently lost the capacity to perform judicial functions.
4) The Supreme Court shall establish in accordance with law whether grounds exist for the termination of a judge’s tenure or for the dismissal of a judge, and shall inform the National Assembly accordingly.
