THEMATIC REPORT 2017
REDRESS AND REPARATIONS
perpetrator would only be convicted of one of the lesser
criminal offences covered by the Criminal Procedure Code.
In addition, compensation awards can take as long as two
years to be paid to the victim due to the failure of the state
to allocate sufficient funds from its budget.
Serbia: Statutes of limitation bar torture
victims from accessing historical redress
The law criminalising torture in Serbia places a limitation
period of 10 years on the time within which a criminal case
against the perpetrator can be brought. This in practice
has barred all torture victims from the Balkans war from
seeking redress or reparations for the torture suffered
through the criminal law procedures. The only alternative
avenue available to torture victims is to file a civil law claim
for compensation for the damages suffered due to their
unlawful deprivation of liberty during the war. However,
this legal avenue is also subject to a statute of limitations - a
claim can only be filed either within five years from the event
or three years from the day of the claimant’s knowledge of
the damage caused to them and the perpetrator.43 Therefore
many torture victims who were forcibly mobilised during
the past war are also barred from filing a compensation
claim under the civil law as they are unable to meet the five
year statutory limitation period.
Figure 10. The Outcome of
Compensation Claims filed by
Torture Victims in Serbia
Despite this serious obstacle to accessing reparations, some
torture victims have managed to claim compensation by
arguing that the three year limitation period - which runs
from the time the claimant knows of the damage - should
in fact run from the date when a medical or psychological
doctor diagnoses the victim as suffering from Post-Traumatic
Stress Disorder (PTSD), thereby proving the damage
caused. This potentially allows torture victims to access
this avenue for compensation, even where the diagnosis
takes place years after the torture occurred. The torture
victims that IAN treats that chose to seek reparations for the
torture they suffered all filed a claim for compensation for
damages using this line of argumentation.
Eighty-three (83) of IAN’s clients filed a compensation
claim using the Law of Obligations for torture they
suffered perpetrated by Serbian authorities but in Croatian
territory (which was under the jurisdiction of Serbian
authorities during the war). Of these, under a quarter
(18 clients) received compensation on the basis that the
evidence that they have PTSD as a result of the torture was
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18
32
22%
38%
4%
3
36%
30
Compensation awarded (PTSD proven)
No compensation award (with PTSD)
No compensation award (without PTSD)
Claim withdrawn
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