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Article 18 Liberty of Movement and Nationality

218. In Article 39, the Constitution of the Republic of Serbia determines that liberty of movement and residence and the right to leave the Republic of Serbia may be restricted by the law, if necessary to conduct criminal proceedings, protection of public order, prevention of contagious diseases or defense of the Republic of Serbia. Article 38 of the Constitution determines that obtaining and termination of the citizenship of the Republic of Serbia shall be regulated by the law. Terms for obtaining and termination of the citizenship, as well as conditions for restricting liberty of movement may be prescribed by the law, which applies to all persons, regardless of whether they are persons with disabilities or not.

Article 56 of the Law on Police prescribes conditions for temporary restriction of liberty of movement in a particular area or facility for the purpose of:

  • Preventing commission of crimes or misdemeanours;
  • Finding and seizing perpetrators of a criminal offense or misdemeanour;
  • Finding and seizing the person being sought;
  • Finding clues and objects which may serve as evidence that a criminal offense or misdemeanour has been committed.

219. The Law on Police prescribes that temporary restriction of liberty of movement cannot last longer than the achievement of an objective for which an authorisation was applied. Restriction longer than eight hours requires an approval of the competent district court (Article 56, paragraph 2).

220. The Republic of Serbia indicates to the positions set in paragraphs 458to 469 of the Second Periodic Report on Implementation of the International Covenant on Civil and Political Rights.

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