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B U L L E T I N MARCH - JUNE

Date: July 12, 2011 Number 12

INTRODUCTION

Respected members of the Coalition “All for fair

trials”, dear friends and partners,

In front of you please find the new bulletin for

2011, which serves to inform you about our activities un-

dertaken in the past 4 months (March-June) . Some pro-

ject activities in the past period of forth months began

with realization, and other ones continued the implemen-

tation. In March two members, the executive director

Anica Tomsic Stojkovska and programme director Slavica

Dimitrievska, left the Coalition’s Office going to new work

positions at the Ombudsman’s office. We use this occa-

sion to thank them for their entire contribution and com-

mitment, as well as for the successful running of the

Office in the past several years. For the position new exec-

utive director the Board elected Nenad Zivanovski.

Meanwhile, the realization of annual activities

within the Corruption Trial Monitoring Programme start-

ed. At the same time, the realization of the already start-

ed projects Monitoring the prosecution of journalists

before the domestic courts of the Republic of Macedo-

nia, Human Right Support Project and Monitoring of

court cases for crimes related to trafficking and illegal

migration continued and the preparation of the hand-

book on Strengthening the national mechanisms for hu-

man rights began.

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The Coalition “All for Fair Trials" in cooperation with

the Academy for Judges and Prosecutors of the Republic of

Macedonia organized a workshop entitled "Definition of crimi-

nal association / separation from the notion of a group, gang or

other criminal organization''.

The event was held on June 2, 2011 at the Academy,

was attended by representatives of: the Supreme Court of the

Republic of Macedonia, Skopje Appellate Court, AC Bitola, AC

Stip, Basic Court Skopje I, Public Prosecutor of the Republic of

Macedonia, Gostivar Higher Public Prosecutor, HPP Skopje, HPP

Stip, Primary Public Prosecutor for Organized crime, Council of

Public prosecutors, Ministry of Justice, Delegation of the Euro-

pean Union, as well as representatives of the American Embas-

sy, OPDAT.

The role of foreign experts was given to Mr. Marin

Mrchela, judge of the Supreme Court of the Republic of Croatia

and Representative of the Republic of Croatia in the Group of

States against Corruption (GRECO) at the Council of Europe. In

front of the participants, he spoke about the legislation and

the case law of the Republic of Croatia about the institute

criminal organization in comparison with the relevant interna-

tional standards, association to commit crimes, a group of

offenses versus a criminal organization. Also he presented ex-

pert and scientific study entitled "Case of the crimes that have

or have no qualifying element of a criminal group or organiza-

tion with the crime association to commit crimes".

Regarding the exchange of positive experiences with

domestic lawyers, the judge presented novelties in the Crimi-

nal Code of the Republic of Croatia that will help to facilitate

the handling, the proving and the adjudication of association

to commit crimes.

Workshop on “Definition of criminal association / separation from the notion of a group, gang or

other criminal organization”

From left: executive director of the Coalition Nenad Zivanovski, director of the Academy, mrs. Aneta Arnaudovska, foreign ex-pert mr. Marin Mrchela

The event was organized at the highest level, while attendance was large by the relevant institutions which were invited.

Finished and presented reports:

The director of the Academy, judge Mrs. Aneta Arnaudovska cases presented cases from

"The case law of the European Court of Human Rights regarding the application of special investiga-

tive measures"; cases in which the application of SIM is not in accordance with the international

standards (European Convention on Human rights) and there is a violation of human rights and free-

doms.

Review of the legislation and the judicial practice in this field in Macedonia, was given by

domestic legal experts: Mr. Abduljakim Saljiu, judge of the Supreme Court of RM and Jakim Naumov,

lawyer from Skopje.

» ADI Gostivar

» ARKA - Kumanovo

» Civil Association - Bitola

» Association for Roma

rights protection ARRP -

Stip

» Defence for children's

rights - Skopje

» First children's embassy

of the world MEGJASI -

Skopje

» Citizens association

MOST - Skopje

» Youth educational fo-

rum - Skopje

» PHURT - Delcevo

» GIC Spektar - Stip

» CPJD - Kavadarci

» Youth Forum - Bitola

» Youth Cultural Center -

Bitola

» CDD - Tetovo

» Moon – Gostivar

» Association of Roma

from Tikves region - Ka-

vadarci

» Choice - Strumica

Organisations Members of the Coalition

„Court efficiency in human rights protection in the corruption

related cases inn 2010“

This analysis derives as a part of the program activities of the Coalition "All

for fair trials" within which in 2010, court proceedings for cases relating to corruption in the country

were observed. The main goal of this research was identifying

the current situation and drawing out certain conclusions

and recommendations on the efficiency of the courts and the other compe-

tent authorities in the fight against corruption, as well as assessing the compli-

ance and the realization of human rights and freedoms guaranteed by the Con-

stitution, the laws and ratified international treaties (full report): http://

www.pravicnosudenje.org.mk/

„Judicial efficiency in fighting corruption in Republic of Macedonia“

Following the report was prepared on a observation of number of

corruption cases in the courts throughout the country, based on which conclu-

sions are drawn about the effectiveness of the competent authorities in the

fight against corruption and respect for human rights and freedoms guaran-

teed by the Constitution and the law before courts in criminal proceedings (full

report): http://www.pravicnosudenje.org.mk/

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http://www.pravicnosudenje.org.mk/Main_files/Korupcija%20Analiza%202010%20MKD-Tanja.pdfhttp://www.pravicnosudenje.org.mk/Main_files/Korupcija%20Analiza%202010%20MKD-Tanja.pdfhttp://www.pravicnosudenje.org.mk/Main_files/Korupcija%20Izvestaj%202010%20MKD%20-%20Slamkov.pdf

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DONORS IN

2011

European Delegation in Republic of Macedonia

Embassy of the Kingdom of the Netherlands in the Republic of Macedonia

Foundation Open Society Institute in Macedonia FOSIM

UN Voluntary Fund for Victims of Torture - UNVFVT

DONORS IN

2010

Government of the Re-public of Macedonia

U.S. Embassy in Skopje

Embassy of the Kingdom of the Netherlands in the Republic of Macedonia

Europian Union - EIDHR

UN Voluntary Fund for Victims of Torture - UNVFVT

Open Society Institute - Budapest

„Corruption Trial Monitoring Programme “

The trial monitoring programme conducted by the Coalition “All for Fair Trials” within the Cor-

ruption Trial Monitoring Programme, for the period March-June 2011, included 166 court cases related

to corruption and organized crime. In this period the Coalition’s observation teams followed a total

of 217 court hearings in the 14 basic courts in the Republic of Macedonia: Skopje 1, Kumanovo, Tetovo,

Gostivar, Ohrid, Struga, Bitola, Prilep, Kavadarci, Negotino, Veles, Strumica, Stip and Kocani.

Round table within the project “Monitoring the prosecution of journalists before

the domestic courts of the Republic of Macedonia “

On 23.03.2011 was held the round table "Penalty responsibility in the crimes libel and slan-

der with special respect to the liability

of legal entities". In the debate took part-

icipation the professor Dr. Niko-

la Tupancevski - expert, Mr. Agim Miftari -

Supreme Court judge in retirement,

Ms. Anita Begova - lawyer and Alexander

Mladenovski - representative of the Associa-

tion of Journalists of Macedonia.

At this roundtable the journalists have complained of the manner of conducting proceedings

before the court and the high fines in case of conviction, which may lead to suppression of a particular

medium. The journalists asked for full decriminalization of libel and criminal offending parts and cre-

ating a system of mediation within the Council

of Honor AJM. Still, some journalists failed to

endorse the idea of decriminalization of libel

and insult, considering that the protection of

honor and reputation guarantied by the Crimi-

nal Code of the Republic of Macedonia is

something desirable in the current conditions

in the country. Guiding idea of the round table

was the change of the system of cascade re-

Finished and presented reports:

Human Rights Support Project

In the period from March to April the legal advisers working for the Coalition "All for Fair Trials", Arka – Kumanovo, Izbor -

Strumica, Center for Civic Initiative - Prilep, and the Center for Democratic Development- Tetovo, have submitted copies of the annual

analysis for 2010 (Mechanisms for human rights protection in cases of abuse of police powers http://

www.all4fairtrials.org.mk/4_Zloupotreba.html) to all competent authorities, representatives of civic organizations, higher educa-

tion institutions, diplomatic and consular missions in the country as well as to other stakeholders active in the field of human rights in

Macedonia.

Meanwhile, the main objective of the Human Rights Project Support continued, providing free legal assistance to citizens

who’ve reported violation of their rights by the policemen, so for the period 10 new cases were registered, 6 in Skopje, 2 in Kumanovo,

one in Strumica and one in Prilep.

Monitoring of court cases for crimes related to trafficking and illegal migration 2010

Within the project Monitoring of court cases to trafficking and illegal migration, the project activity associated with the moni-

toring of court cases of interest to the project included 18 cases with a total of 55 hearings observed. Of the cases observed in the peri-

od from March to June, 2 cases are related to criminal trafficking, 9 cases are concerning the smuggling of migrants, 2 cases are about

organized group for human trafficking and smuggling of migrants, 3 cases are about trade with a minor and 2 cases for mediation in

prostitution. The planned workshop in cooperation with the Academy for Judges and Prosecutors, which should haven been held in

June 2011, was postponed at the request of the Academy.

sponsibility in the crimes defamation and insult. The cascade system of liabil-

ity under the provisions of the Criminal Code of the Republic of Macedonia,

means the initial responsibility falls on the author, and if the conditions of

existence of legal obstacles to his prosecution, the responsibility falls to the

chief editor of the media and ultimately the responsibility falls to the entity

itself. The roundtable raised the issue of reversing the order of cascade re-

sponsibility or the responsibility to goes from the medium as a legal entity

down to the author of the text, in precisely defined and specific legal require-

ments.

In the period March-July the monitoring of court cases before the courts in the Republic of Macedonia continued, as the

main activity of the project.

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http://www.all4fairtrials.org.mk/4_Zloupotreba.htmlhttp://www.all4fairtrials.org.mk/4_Zloupotreba.html

Coalition „All for fair trials“ st. Makedonija 11/2-10, 1000 Skopje R. Macedonia tel: +389 2 3215236; fax: +389 2 3215264 e-mail: contact@all4fairtrials.org.mk web: www.all4fairtrials.org.mk www.pravicnosudenje.org.mk

Coalition on Internet

A new sub domain for Coalition “All for fair trials” has been launched

www.pravicnosudenje.org.mk, through which, as well as trough the existing web address

www.all4fairtrials.org.mk, the project activities of our organization can be followed. Also

you can become our Facebook friend, http://www.facebook.com/pages/Coalition-All-For-

Fair-Trials/.

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PRESIDENT: Petre Mrkev E-MAIL: pmrkev@sppmd.org.mk TEL: +389 43 410408 EXECUTIVE DIRECTOR: Nenad Zivanovski E-MAIL: nzivanovski@all4fairtrials.org.mk TEL: +389 2 3215263

Expert meeting for report preparation –The EU’s approach to Justice Reform.

The EU’s approach to Justice Reform. Lessons learned from Romania and Bulgaria, Croatia, Macedonia,

Serbia, Moldova and Ukraine.

On 13.06.2011, the project coordinator in the Coalition "All for Fair Trials" Mihail

Gotovski attended the expert meeting in Bucharest, Romania, where representatives from

7 countries of Southeast Europe were invited, and a plan for the preparation of appropri-

ate comparative report of all 7 countries was made, that would explain the extent of re-

forms and the success of each individual state in dealing with corruption.

http://www.facebook.com/ajax/facebook-widgets/badge_preview.php?bid=6241&layout=vert&owner_id=153613714544&rand=111951245http://www.pravicnosudenje.org.mkhttp://www.all4fairtrials.org.mkhttp://www.facebook.com/pages/Coalition-All-For-Fair-Trials/153613714544http://www.facebook.com/pages/Coalition-All-For-Fair-Trials/153613714544

Bilten Mart-Juni ENG.pdf