Internal Affairs Sector

Jurisdiction and

competences

 

 

Jurisdiction

All modern, developed democratic countries have services that oversee the work of the police. Monitoring of the work of the police in the Republic of Serbia is regulated by Police Law (Offical Gazette RS, number 101/2005) from Article 170 to 181 and can be external and internal.

External monitoring of the the work of the police perfoms the National Assembly of the Republic of Serbia, Government, Competent judicial authorities, public administrative autorities competent for specific monitoring affairs and other auotorities and bodies authorized by law (competences of these authorirties and bodies are  determined  by special laws and they refer to access to certain information, contact with competent police officers, right to obtain answers to questions and other rights specified by law).

Minister submits report of performance of the Internal Affairs Sector on demand of the Government and working body of National Assembly competent for security and police affairs .

Internal monitoring of the work of the police performs Internal Affairs Sector, especially regrading the control of the legality of work performed by MoI law-enforcement officers, safeguard and protection of human rights when they perform police tasks and use police authority, in the manner that is prescribed by the Minister.
Officially authorized persons in the Internal Affairs Sector have all police authorities regarding their rights and duties when overseeing and they are equal with other police employees with offical status.

Internal Affairs Sector proceeds accoriding to suggestions, complaints and submissions of physical and legal bodies, written adresses of police employees, according to its own initiative, and also according to gathered information and knowledge.

 

 Competences

Police employees are obligated to allow officially authorized persons of the Internal Affairs Sector to perform control and to give them necessary expert assistance. When monitoring, officially authorized persons of the Internal Affairs Sector have comepetence to:

1) Have insight into files, documentation and database which is provided, gathered and issued by the police according to their competences.
2) Take statements from police employees, injured persons and witnesses
3) Request from the police and  police employees to supply files and information  to the Sector that is from their competences which are necessary for the process of monitoring;
4) Have insight into official police premises which are used by the police in its work
5) Request attest and data about technical sources used by the police and demand  evidence of capability of police employees to cooperate technical and other sources that they use in their work.

Head of Sector informs the Minister and the Director with the findings of the investigation and advises the Minister how to elliminate observed illegalities and give recommendation to start a adequate procedure in order  to determine accountability.

The Minister monitors the work of the head of Sector, police employees who work in the Internal Affairs Sector and other police employees in the Ministry  authorised for internal control the police.
The efficacious monitoring of law enforcement ensures the fundamental human rights and freedoms enshrined by constitution, statutes and international conventions.   

By working effectively to detect, solve and prosecute all cases of abuse, irregularities in work and overstepping  of competences committed by law enforcement officers,  protection of basic human rights and freedoms, enshrined by constitution, statutes and international conventions from the area of human rights, is ensured.