Goran's baby disappeared 20 years ago, and he doesn't want 10.000 euros, he is seeking for justice for 1.500 families and his child (PHOTO)

The Association of Parents of Missing Baby protested in front of the National Assembly of Serbia dissatisfied with the draft law that entered the parliamentary procedure and which, as we learn, should be on the agenda at the end of May. Parents want to pass a new law, but they hope they will be able to reach a joint solution with the government representatives if they do not pass a new one in the meantime. But the Ministry of Justice does not think so...

Arnaud Gouillon for Telegraf about the trip to Kosovo and Metohija which changes a man: When I'm not home, my three-year-old daughter says - Dad is in Kosovo (VIDEO)

Recommended

The biggest parent's complaint relates to the fact that "there are no effective mechanisms for investigation" in this document, but the parents are offered compensation of 10.000 euros until the fate of their children isn't solved.

Foto: Facebook/Beogradska grupa roditelja nestalih beba/Nikola Segrt

- There are no investigative actions in this model. It is inconceivable that a judge in investigative proceedings orders investigative actions. It is known who does it - the prosecutor is the one who should force the police to work -  Goran Filipovic from the Belgrade group of parents explains whose baby was missing in 1998.

This implies Article 5 of the Law on the Establishment of Facts on the Status of Newborn Children Suspected of Missing from the Maternity Hospital in the Republic of Serbia, which states that investigative actions in the proceedings are conducted by specially trained police officers of the criminal police at the request of the court.

According to Filipovic, the bill proposes all parents to civil and non-litigious proceedings in which they have to prove why their child disappeared from the maternity ward.

If they fail to agree, associations announce a new protest of 3,500 people.

WHAT IS ACTUALLY THE BILL 

In addition to the aforementioned Article 5, the law predicts "the determination of the status of a missing newborn child by determining the facts of the death and the place where the child's body is located or, if it can not be established that the child is dead, the facts that explain the circumstances of disappearance of the newborn child and the place it is located.

If facts cannot be established that explain what happened to the missing newborn child, the court finds a decision that the status of the missing newborn child cannot be determined.

The court is obliged to determine which body, organization or institution is responsible for the disappearance of a newborn child".

Article 23 states that the court determines the amount of fair financial compensation for non-pecuniary damage by free assessment, taking into account all the circumstances of the case, and above all the intensity suffering, mental pains and fears and other criteria determined by the law regulating obligatory relations.

"Fair money compensation cannot be awarded in the amount of more than 10,000 Euros in dinar counter value at the official middle exchange rate of the National Bank of Serbia on the date of the decision of the court".

ANSWER TO THE NATIONAL ASSEMBLY AND THE MINISTRY OF JUSTICE

A Belgrade group of parents of missing babies also received a reply to a letter requesting the withdrawal of the Baby Act. Serbian Parliament Speaker Maja Gojkovic is in favor of a dialogue and a joint solution that would satisfy all parties.

Foto: Facebook/Beogradska grupa roditelja nestalih beba/Nikola Segrt

After public indignation and parental protests, we asked the Ministry of Justice what they will do next to the draft law, and this is their answer:

"On March 8, the Government of Serbia adopted the Bill on the Establishment of Facts on the Status of the Newborn Children Suspected of Missing From Maternity Hospital in the Republic of Serbia (the so-called Missing Baby Act) and it is in the parliamentary procedure.

Foto: Printskrin/rts.rs

The Draft Law on Missing Babies was held at the public hearing in 2015, after which it was sent to the Government of Serbia and as a draft law, it was sent to the Parliament of Serbia in 2016. The working group of the Ministry of Justice consisted of representatives of all relevant institutions (besides representatives of the three ministries - justice, internal affairs and health, the Working Group was composed of representatives of the Republic Public Prosecutor's Office, the Supreme Court of Cassation, the State Attorney's Office, as well as representatives of groups of parents of children who are suspected that they disappeared in maternity hospitals in the Republic of Serbia). It should be borne in mind that the Council of Europe gave a positive assessment of the Draft Law, that most of the recommendations of the Council of Europe were adopted and that the Draft was in line with those recommendations.

Due to the formation of the new Government of Serbia, this bill was withdrawn from the parliamentary procedure, which is the usual procedure after the formation of a new government. Bearing this in mind, the Ministry again had to implement the procedure for obtaining opinions from the relevant institutions, after which the law was forwarded to the Serbian Government for adoption. Also, we emphasize that the new version is additionally in line with the proposals of parents and NGO YUCOM.

Foto: Telegraf, sxc.hu/Ben Earwicker

The draft law regulates the procedure for determining the facts about the status of newborn children who are suspected of having disappeared from a maternity ward in the Republic of Serbia or health institutions and a procedure in which a fair compensation of non-pecuniary damage is awarded.

The aim is to establish facts that are appropriate to establish the truth about the status of newborn children who are suspected of having disappeared from a maternity ward in the Republic of Serbia, on the basis of the evidence that is being carried out and data gathered in court proceedings from state and other bodies, parents and others persons.

Also, the aim is also to execute the obligation of the Republic of Serbia in the verdict of the European Court of Human Rights in the Jovanovic vs. Serbia case (number of the application 21794/09)."

At the same time, the Human Rights Court in Strasbourg has urged Serbia to urgently adopt the law on missing babies and in March 2013 ordered Serbia to pay Zorica Jovanovic 10,000 euros in damages and provide information about the fate of her newborn who disappeared from the maternity ward in Cuprija, 30 years old. It was then recommended that Serbia apply this model to other cases of baby disappearance from Serbian maternity wards.

Foto: Wikipedia/Rama

At the same time, the Human Rights Court in Strasbourg has urged Serbia to urgently adopt the law on missing babies and in March 2013 ordered Serbia to pay Zorica Jovanovic 10,000 euros in damages and provide information about the fate of her newborn who disappeared from the maternity ward in Cuprija, 30 and more years ago. It was then recommended that Serbia should apply this model to other cases of baby disappearances from Serbian maternity wards.

According to statements of the associations searching for missing children, in Serbia, about 1,500 families suspect that their babies were abducted while they were illegally proclaimed dead.

(Telegraf.co.uk / Sladjana Vasic - s.vasic@telegraf.co.uk)