Rehabilitacija kao mera pravnog savladavanja autoritarne prošlosti
REHABILITATION AS A MEASURE
OF LEGAL OVERCOMING OF THE AUTHORITARIAN
PAST IN SERBIA
Summary
The Rehabilitation Act and the subsequent statutes which should mark the break with the practice of human rights violations already became a reality in other states facing the transition from authoritarian regimes to democratic states. The consensus regarding the Act on Rehabilitation of the Victims of Political Repression passed in April 2006 was reached only six years after the fall of the Milosevic authoritarian regime. The statute was not followed by the adoption of a necessary statute concerning the restitution (Act on Intelligence Services Files, Restitution of Property Act); thus, the Serbian Rehabilitation Act did not fulfil the hopes and expectations of victims of political repression, nor the expectations of experts and the wider public. It concerns a statute that decided on legal rehabilitation in the narrow sense which gives the right to the victim of political repression to request a court to pronounce a judgement null and void and the victim to be considered unpunished. If a victim was punished without passing a decision it concerns a pronouncement that a person in question was a victim for a political purpose. In the legal and technical senses the Serbian Rehabilitation Act is one of the worst statutes passed by the National Assembly of Serbia. These deficiencies of the Rehabilitation Act render the implementation of the act more difficult. Thanks to a majority of competent district courts with the Supreme Court of Serbia as a beacon, the statute is successfully implemented and several hundred rulings on rehabilitation were passed.
Key words: legal overcoming of the authoritarian past in Serbia, Rechtsstaat, opening of files of
intelligence services, lustration, rehabilitation, restitution of property, Rehabilitation Act.
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zadeva.
Richard bush.