Suspension of passports

Even this last, symbolic relict of freedom has been suspended last Friday. Thus the Serbs (maybe only the Belgraders, it is still not clear enough) have became the outcasts of Yugoslavia, deprived of their basic civil right, joining their Croatian brothers, who cannot even leave their borough without a special permission.

The news came on November 1 in the Belgrade press ("Borba" and "Vecernje novosti"), and it says: "'Following the decision of the Presidency of Yugoslavia concerning the proclamation of the immediate war danger, traveling abroad has been limited. To leave the country a special permit, issued by the military authorities, is needed for those who are subject to mobilization. There has been a temporary suspension of passport issuing and the extension of the expired travel documents'. This was learned at one Belgrade borough military authority, where all the records of army conscripts are being kept. It is expected that the Federal Defence Ministry will soon give the interpretation of these legal regulations, with the precise information about whom it concerns and what documents are needed to leave the country." Certain vital information are missing: does the Federal Presidency decision have any legal backing at all, since it was made by an incomplete Presidency (even less than incomplete, since it turned out that dr. Branko Kostic /the Vice-President/ does not represent anyone any more)?; by which "military authorities" should "the special permit" be issued (which republics and military corpses are included here?); how can possibly the Belgrade borough military authority give statements concerning the affairs of the Ministry of Interior...

First of all: who has the authority to forbid the army conscripts to cross the border? The federal Law on military service, passed in 1985, provides that "the Federal Government can state the conditions which temporarily restrict travelling abroad for the army conscripts of specific age or qualifications of particular importance to the armed forces. These conditions were regulated by legal acts "long ago" and they refer to the state of "the immediate war danger". Only the Federal Defence Ministry has the authority to - in accordance with the Law - proclaim this kind of suspension.

However, the Federal Defence Ministry representatives claim they know nothing of this. Moreover, they themselves "were astonished to read such information". We were told that "the Defence Ministry never passed such a decision" and that we should demand an explanation from the Presidency and the Ministry of Interior, which controls the border crossings. On Friday morning no one answered the phone at the Ministry of Interior (lately, that ministry seems deserted). At the Information Department of the Presidency there was no one on that day who could give us any information, since some of the employees joined the Serbian volunteers, and some joined their bosses at the half-Presidency (3/8 plus dr. Karadzic) session.

What are the legal provisions for forbidding the army conscript to leave the country? The federal Law on military service, which regulates the behaviour of the army conscripts under the normal circumstances (and says nothing about "the state of the immediate war danger") provides that the recruit who travels abroad must have the permission of "the competent organ". That particular "organ" will issue the permit in case of medical necessity, excursions, tourist and business trips, participation in sporting and cultural events, for family and other reasons, all for limited duration". An army reservist can travel abroad, except in case he was called on, in case the charges are being brought against him for failing to report to the authorities, for evading his military duty, for deliberately incapacitating himself or resorting to fraud and in case his military schedule is of particular importance to the Federal Ministry".

According to the information we were able to gain, this particular suspension originates from the Belgrade Command Headquarters and has its history: allegedly, the Command tried to mobilize a few reserve units, in order to "fill in" the "holes", but the response was scandalously insignificant. Losing its temper, the Command apparently decided - going past the regulations - to suspend travelling abroad of the army conscripts. The republic of Serbia has restricted military authority (certain aspects of mobilization, organizing and implementing the defence measures in case of the imminent war danger and the state of war). The liberal interpretation of these regulations could even mean - the suspension of travelling abroad. But, in that case, the Serbian Defence Ministry should issue an adequate proclamation, which has not happened so far. The Federal Defence Ministry representatives were suspicious about the information that this decision was made in the Belgrade Command Headquarters. When asked whether such a decree is "theoretically possible", they said it is not. That, of course, does not mean that it is not "practically possible".