In its comment on the Draft Law on Internal Affairs, the Autonomous Women’s Center recalled that the Government of the Republic of Serbia committed, through measures in the Reform Agenda, to regulate the issue of police independence from the Ministry of the Interior during the pre-investigation and investigation phases, and noted that the Draft does not do so to a sufficient extent. Although the Draft formally prescribes the operational independence of the Police, its further provisions retain broad powers for the Minister regarding the organisation of work, direction, reporting, proposing and dismissal of the Director of Police, as well as regulating certain issues relevant to the operational functioning of the Police.

AWC also notes that the Draft Law:

• does not clearly regulate transparency and the systematic obligation to publish reports of the Ministry and the Police;
• reduces the achieved level of parliamentary oversight of police work;
• does not ensure a sufficient degree of institutional independence of the Internal Control Sector;
• introduces military ranks, thereby weakening the civilian character of the police.

In its comments on specific articles, AWC considers it problematic that the Draft Law:

• introduces new means of coercion in the form of audio and video grenades, without any explanation or research on the safety of their use;
• provides for the Minister’s unlimited authority to extend temporary restrictions on movement and residence, without the possibility of review by the Supreme Court;
• allows the employment of police officers against whom criminal proceedings are ongoing or who have been convicted of criminal offences committed outside the territory of Serbia;
• does not prescribe an obligation for the Police Directorate and its organisational units to report gifts/donations;
• is not aligned with the provisions of the Criminal Procedure Code and the Law on Juvenile Offenders and Criminal Protection of Juveniles with regard to the protection of victims’ rights and the rights of juvenile offenders and juvenile victims;
• is not aligned with the Law on the Protection of Whistleblowers.

AWC has repeatedly emphasized, and reiterates, that the provisions on polygraph testing in Article 103 of the Draft Law should be improved by amending and expanding the categories of persons who must not be subjected to polygraph testing.

Given that the procedure for the confiscation and return of police weapons and official identification is not regulated in detail by this Law, AWC consider it necessary to adopt a specific by-law to govern this matter. In addition, if a direct supervisor may order a police officer to undergo alcohol, drug, and polygraph testing, there is no reason why the possibility of mandatory psychological testing should not also be prescribed.

AWC considers that Article 212 of the Draft should be aligned with the provisions of the Law on Gender Equality, and that Article 215 should enable cooperation between the Ministry and civil society organisations for the purpose of conducting training aimed at the professional development of police officers.

AWC has also submitted a number of specific proposals for amendments to the Draft Law on Internal Affairs, available only in Serbian HERE.