There has been no initiative for constitutional changes related to custody
In the pre-election period for the early parliamentary elections held in December 2016, the Social Democrats promised to initiate constitutional changes in the first two years after assuming office and to seek support for constitutional restriction on the duration of pre-trial detention. This election promise has not been fulfilled by now (18 June 2019)
We will initiate constitutional changes and seek support for constitutional restriction on the duration of pre-trial detention
[Source: Program of SDSM for the snap general elections in 2016 “Plan for Life in Macedonia”, page 258]
EXPLANATION:
In the pre-election period for the early parliamentary elections held in December 2016, the Social Democrats promised to initiate constitutional changes in the first two years after assuming office and to seek support for constitutional restriction on the duration of pre-trial detention. This election promise has not been fulfilled by now (18 June 2019).
The promise is part of the election program “Plan for Life in Macedonia” and is mentioned in two places. The first one is the commitment to begin the initiative for “constitutional restriction on the duration of pre-trial detention”, highlighted in the Chapter “Human Rights” (p. 35), and the second place is within the “24-month Plan – Urgent reform priorities of the new Government during the first two years” (p. 258). This means that according to the given deadline for realization of these constitutional changes, they should have been initiated no later than the end of last month, since the Government led by SDSM was elected on May 31, 2017. However, so far this promise has not been fulfilled.
Otherwise, the same obligation for initiating constitutional changes related to pre-trial detention was taken over by the Government in its Work Program (2017-2020), where on page 23, in the section “Human Rights”, among other things, it was stated that “for the purpose of implementing the European Standards for human rights and efficient protection of human rights,” the Government will:
Open a debate for constitutional changes and seek support for constitutional restriction on the duration of pre-trial detention.
However, besides the aforementioned commitments, there is no information for the preparation of such an initiative or an ongoing initiative for constitutional changes of this format.
The constitutional decision (Article 12, more precisely AMENDMENT III of the Constitution adopted by the Assembly on 1 July 1998) is still into force defining that:
A person can be detained without indictment, by court decision, for a maximum period of 180 days from the day of pre-trial detention. After the indictment, the period of pre-trial detention is extended or determined by the competent court in a case and procedure stipulated by law.
SOURCES:
- Program of SDSM for the snap general elections in 2016 „План за живот во Македонија“, page 251 [Accessed on: 18 June 2019]
- Assembly of RM Устав на РМ (Article 12, AMENDMENT III) [Accessed on: 18 June 2019]
- Government of RM Програма за работа на Влада, page 23 [Accessed on: 18 June 2019]
- Тајм.мк (31.05.2017): Избрана новата Влада на Република Македонија [Accessed on: 18 June 2019]
Assessed by: Olivera Vojnovska
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