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12 mars 2013 2 12 /03 /mars /2013 13:46

On tis blog, the association Chachipe present the new legal framework in Serbia about "false asylum seekers" going to the European Uion, and make a comparition with some neighbouring countries which adopt this kind of mesure promoted by the EU http://romarights.wordpress.com/


(automatic translation from the Chachipe's blog)


"March 4, 2013 - On December 24, the Serbian Parliament adopted a major reform of the Penal Code. This includes the creation of a new criminal offense that affects those who help Serbian nationals "abuse of rights in a foreign country." Punishing those who help Serbian citizens to leave the country to seek asylum abroad, the Serb attempts to curb the phenomenon of "Lazni azilanti" bogus asylum seekers, as they are calls in the media and in political discourse Serbian and save the liberalization of the visa regime with the European Union.

The new Article 350a entitled "Facilitation of abuse of rights in a foreign country" that is added to the Penal Code implies that Serbian citizens seeking asylum abroad, would knowingly misrepresent their status in Serbia , claiming that their rights are in danger, "in order to obtain the benefit of political, social, economic and other rights." To prevent this, the Serbian state has chosen to punish those who support them in their efforts. Whoever helps a Serbian citizen to leave the country in order to seek asylum abroad, transporting, offering him accommodation or hiding, faces a prison sentence a minimum of three months to one year. For those who would be in a group or in abuse of its function, the penalty is increased up to five years, as organizers, they face up to eight years in prison.

During the presentation of the Bill in Parliament, the Minister of Justice of Serbia, Nikola Selakovic, said it would be necessary to criminalize aiding Serbian citizens who abuse the right to seek asylum abroad. During the parliamentary debate, several members from parties belonging to the ruling coalition, as Neđo Jovanović Socialist Party were satisfied that "the problem of asylum seekers in our and in other states" had finally "recognized." Other MPs justified the criminalization of people who help asylum seekers to leave Serbia referring to the threat to the liberalization of the visa regime. Srđan Spasojević party "New Serbia", said the problem of "bogus asylum seekers" had reached such proportions that it threatened the position of Serbia on the "white Schengen list", which lists the countries whose nationals are exempt from the visa requirement for short stays in the Schengen area.

Criminalizing people who facilitate the departure and transit of asylum seekers, Serbia engages in the same way that Macedonia voisine.En November 2011, the Skopje parliament passed a law which punishes "abuse liberalization of the visa regime with the EU Member States and the Schengen Treaty. " In June, for the first time, four men were sentenced to prison terms of four years each, because they have been found guilty of helping people, for a fee, to go to France. The group was discovered on the border between Macedonia and Serbia, at Tabanovce, where he was arrested. In its press release, the Court justified the sentence by explaining that it was known that the arrival in France can benefit from the social, economic and other rights, which would be contrary to the agreements with the European Union and Schengen States.

While the law is clearly Macedonian transporters, trying to push it to verify the purpose of the movement of their customers, the Serbian law already includes the possibility of criminalizing asylum seekers. In Albania, asylum seekers have had to justify against charges of fraud. In discoursdevant members of the parliamentary committee on European integration, the Minister in charge of European integration, Suzana Grubjesic had said in November that the new law would transform the act of seeking asylum in a criminal offense .


Chachipe a.s.b.l."

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