Related Rule
Serbia and Montenegro
Practice Relating to Rule 100. Fair Trial Guarantees
In 2003, in its initial report to the Human Rights Committee, Serbia and Montenegro stated:
Pursuant to the Charter of Human and Minority Rights and Civil Liberties [of the State Union of Serbia and Montenegro, adopted in 2003], derogation from human and minority rights guaranteed by this Charter is allowed following the declaration of a state of war or a state of emergency, if the existence of the State Union or a member State is threatened, but only to the extent necessary under the given circumstances. Measures of derogation from human and minority rights cease to have effect following the end of the state of war or the state of emergency. No derogation is permitted even during the state of war or the state of emergency from the … right to a fair trial. 
Serbia and Montenegro, Initial report to the Human Rights Committee, UN Doc. CCPR/C/SEMO/2003/1, 24 July 2003, § 153.
In 2003, in its initial report to the Human Rights Committee, Serbia and Montenegro stated:
427. Military courts and military prosecutors’ offices, of which there are three in Serbia and Montenegro (in Belgrade, Nis and Podgorica), as well as the Supreme Military Court and the Supreme Military Prosecutor (both based in Belgrade), conduct proceedings according to the same process and substantive laws applied by the regular courts in time of peace or war alike.
428. Article 138 of the Constitution of the Federal Republic of Yugoslavia is the legal basis for the existence of military judicial authorities as federal legal institutions. This Article stipulates that military courts and military prosecutors are established under federal statute. This constitutional provision resulted in the passing of two laws: one on the Military Courts … and the other on the Military Prosecutor … These laws specifically regulate the organization, competence and activity of military courts and military prosecutors.
429. The President of the Federal Republic of Yugoslavia appoints military court judges and military prosecutors. In the performance of their duties they are independent and autonomous, with their term of office not being limited. However, they are expected to be knowledgeable about and to study issues of interest to the unification of court practices and to the uniform application of the law.
430. Military courts put military personnel on trial on all criminal charges, civilian personnel employed in the Yugoslav Army on charges of criminal acts committed in the performance of their official duty and other civilians on charges of criminal acts against the Yugoslav Army that are enunciated in the Law on Military Courts. They also try prisoners of war [PoW]. In case of dispute these courts are competent to determine who may be considered a PoW. Furthermore, they perform other duties as set out in the federal law and resulting from the nature of the court procedure. 
Serbia and Montenegro, Initial report to the Human Rights Committee, UN Doc. CCPR/C/SEMO/2003/1, 24 July 2003, §§ 427–430.
In 2003, in its initial report to the Human Rights Committee, Serbia and Montenegro reported:
Pursuant to the Charter of Human and Minority Rights and Civil Liberties [of the State Union of Serbia and Montenegro, adopted in 2003], derogation from human and minority rights guaranteed by this Charter is allowed following the declaration of a state of war or a state of emergency, if the existence of the State Union or a member State is threatened, but only to the extent necessary under the given circumstances. Measures of derogation from human and minority rights cease to have effect following the end of the state of war or the state of emergency. No derogation is permitted even during the state of war or the state of emergency from the … presumption of innocence. 
Serbia and Montenegro, Initial report to the Human Rights Committee, UN Doc. CCPR/C/SEMO/2003/1, 24 July 2003, § 153.
In 2003, in its initial report to the Human Rights Committee, Serbia and Montenegro stated:
151. According to Article 99, paragraph 11, of the Constitution of the Federal Republic of Yugoslavia, enactments adopted during a state of war may throughout the duration of the state of war restrict various rights and freedoms of man and the citizen, except specific rights and freedoms guaranteed by the Constitution ( … respect for the human personality and dignity in criminal and all other proceedings; prohibition of the use of force against a suspect who has been detained; prohibition of torture, degrading treatment or extraction of confessions …
153. Pursuant to the Charter of Human and Minority Rights and Civil Liberties [of the State Union of Serbia and Montenegro, adopted in 2003], derogation from human and minority rights guaranteed by this Charter is allowed following the declaration of a state of war or a state of emergency, if the existence of the State Union or a member State is threatened, but only to the extent necessary under the given circumstances. Measures of derogation from human and minority rights cease to have effect following the end of the state of war or the state of emergency. No derogation is permitted even during the state of war or the state of emergency from the … right to a fair trial. 
Serbia and Montenegro, Initial report to the Human Rights Committee, UN Doc. CCPR/C/SEMO/2003/1, 24 July 2003, §§ 151 and 153.
In 2003, in its initial report to the Human Rights Committee, Serbia and Montenegro stated:
151. According to Article 99, paragraph 11, of the Constitution of the Federal Republic of Yugoslavia, enactments adopted during a state of war may throughout the duration of the state of war restrict various rights and freedoms of man and the citizen, except specific rights and freedoms guaranteed by the Constitution (… right of appeal or recourse to other legal remedies …
153. Pursuant to the Charter of Human and Minority Rights and Civil Liberties [of the State Union of Serbia and Montenegro, adopted in 2003], derogation from human and minority rights guaranteed by this Charter is allowed following the declaration of a state of war or a state of emergency, if the existence of the State Union or a member State is threatened, but only to the extent necessary under the given circumstances. Measures of derogation from human and minority rights cease to have effect following the end of the state of war or the state of emergency. No derogation is permitted even during the state of war or the state of emergency from the … right to a fair trial. 
Serbia and Montenegro, Initial report to the Human Rights Committee, UN Doc. CCPR/C/SEMO/2003/1, 24 July 2003, §§ 151 and 153.
In 2003, in its initial report to the Human Rights Committee, Serbia and Montenegro stated:
151. According to Article 99, paragraph 11, of the Constitution of the Federal Republic of Yugoslavia, enactments adopted during a state of war may throughout the duration of the state of war restrict various rights and freedoms of man and the citizen, except specific rights and freedoms guaranteed by the Constitution (… protection from trial or punishment a second time for an offence for which the proceedings have been legally suspended or the charges rejected or for which the perpetrator has been acquitted by a court decision …
153. Pursuant to the Charter of Human and Minority Rights and Civil Liberties [of the State Union of Serbia and Montenegro, adopted in 2003], derogation from human and minority rights guaranteed by this Charter is allowed following the declaration of a state of war or a state of emergency, if the existence of the State Union or a member State is threatened, but only to the extent necessary under the given circumstances. Measures of derogation from human and minority rights cease to have effect following the end of the state of war or the state of emergency. No derogation is permitted even during the state of war or the state of emergency from the … right to a fair trial; … ne bis in idem. 
Serbia and Montenegro, Initial report to the Human Rights Committee, UN Doc. CCPR/C/SEMO/2003/1, 24 July 2003, §§ 151 and 153.