National Roma Centrum Kumanovo

Free legal aid

Narrative report

01.January 2006 – 31.October 2006

Activities were realized by:

  • Asmet Elezovski – coordinator
  • Nikola Dzimrevski – legal adviser
  • Katerina Spasevska – legal adviser
  • Ljatif Demirovski – assistant

Short review of project’s activities

Work of the Office for free legal aid

In the past period of 10 months in the office were prepared files for judicial and administrative bodies and organizations with public empowerment. Legal advices and instructions for the citizens regarding exercising of basic human rights were provided in very large number. From the beginning of the year till 31.10.2006, between 2 000 and 2 500 citizens have visited the office for free legal aid, which is indicating the importance of the office when many citizens are social cases and persons which do not have income under any basis, and are included in one of the project’s groups. Of immense importance for realization of project’s activities is the increased cooperation between NRC on one hand, and on the other well cooperation with certain institutions of public character as Ombudsman’s Office is, administrative bodies and organizations as Center for social work, Ministry of Interior – Department for Interior Affairs Kumanovo, certain municipality authorities, these cooperations are product of well functioning of the office. Mediation between the official bodies, organizations and citizens is evident parallel with the development of the cooperation especially with administrative bodies while certain rights guaranteed with current legal regulative are concerned. All stated activities are related with direct realization of citizen’s rights in front of relevant institutions. Mentioned activities realized by NRC under the project “Free legal aid,” were accomplished without any bigger obstacles, and with much bigger efficiency and increased confidence among the citizens, as outcome of effective work of the office. Activities related with education were realized during October, when we thought it is appropriate. Education has indirect influence on accomplishing of citizens rights, and is of immense importance representing preventive action for reducing human rights violations and defeating their practical realization. Educational activities are related with distribution of brochures regarding social protection rights, and direct meetings with citizens, as mentioned above topics were civil rights and methods for accomplishing in front of the institutions, as well as for institutional structure in Republic of Macedonia.


Monthly activities

January

January 2006
SubmittedDateTotal
Appeals
AppealMinistry of Labour and Social Policy through the Center for social work Kumanovo13th
AppealMinistry of Labour and Social Policy through the Center for social work Kumanovo19th
AppealMinistry of Labour and Social Policy through the Center for social work Kumanovo29th
AppealMinistry of Labour and Social Policy through the Center for social work Kumanovo29th
AppealCourt of Appeals – Skopjethrough Primary Court – Kumanovo25th
Total No.5
Proposals
ProposalProposal for discharge of court taxes to Primary Court – Kumanovo
Total No1
Claims
Claims to Center for social work – Kumanovo All for single financial aid10
Claim to the Ministry of Education and Science1
Claim to the Ministry of Labour and Social Policy1
Statement to the Ministry of Labour and Social Policy1
Total No13
Total No submits in January19
Legal advices are given in indefinite number

In January total 19 submits were prepared and large number of legal advices were given, but still January is month of holidays, and citizens were visiting our office mainly in the middle of the month when institutions began to work intensively. In the first month of the year mainly people under social protection were asking for free legal aid, these cases were related with claims to take action and procedure in front of the Center for social work as well as appeals in primary level related with already brought decisions by the same Center to the Ministry of labour and social policy.


February

February 2006
SubjectSubmittedDateTotal
Complaints
Complaint for divorcePrimary Court Kumanovo23th
Complaint for divorcePrimary Court Kumanovo24th
Complaint for assessment of parenthoodPrimary Court Kumanovo23th
Total No3
Appeals
AppealMinistry of Labour and Social Policy through the Center for social work Kumanovo6th
AppealCourt of Appeals – Skopjethrough Primary Court – Kumanovo7th
AppealCourt of Appeals – Skopjethrough Primary Court – Kumanovo24th
AppealMinistry of Labour and Social Policy through the Center for social work Kumanovo27th
Total No4
Claims
Claims to Center for social work for single financial aid19
Claim to the Fond for retirement pensions and insurance for people with disabilities of Republic of Macedonia – Department Skopje1
Claim to the Ministry of Interior of R.M. for issue of confirmation for former labour relation1
Claim to the Fond for retirement pensions and insurance for people with disabilities of Republic of Macedonia – Department Kumanovo1
Supplication to Public Enterprise for plumbing1
Supplication to the Ministry of Labour and Social Policy of R.M1
Total No24
Notifications
Criminal suit for nonpayment of alimonyPrimary Court Kumanovo21th1
Total No1
Proposals
Proposal for postponement of prison sentencePrimary Court Kumanovo1st1
Special proposal for liberation of court taxesPrimary Court Kumanovo1st1
Proposal for accomplishment of monetary claimPrimary Court Kumanovo14th1
Proposal for accomplishment of monetary claimPrimary Court Kumanovo17th1
Total No proposals4
Total Nosubmits36
Legal advices are given in indefinite number

In February total 36 submits are prepared, from which 10 for court institutions, the rest are for administrative institutions, 19 for the Center for social work, 2 to the Ministry of Labour and Social Policy and the others to different bodies and institutions. In February most of submits are prepared for citizens asking to protect certain social right or are involved in procedure in front of administrative body.


March

March 2005
SubjectSubmittedDateTotal
Complaints
Complaint for divorcePrimary Court Kumanovo3th1
Complaint for divorcePrimary Court Kumanovo21th1
Complaint for divorcePrimary Court Kumanovo30th1
Total No3
Appeals
AppealCourt of Appeals – Skopje through Primary Court I Skopje21th1
AppealMinistry of Labour and Social Policy through the Center for social work27th1
Total No2
Claims
Claims to Center for social work33
Claim to the Ministry of Labour and Social work1
Supplication to Public Enterprise for plumbing3
Claim to the Municipality of Kumanovo1
Total No38
Proposals
Proposal for bargain divorce Primary Court Kumanovo2nd1
Special proposal for liberation of court taxes3th1
Total No2
Total No subjects for March45
Legal advices are given in indefinite number

In March total number of submits is 45, from which 6 are related with court institutions, 33 are related with citizens under social protection in order to realize certain social right. The other prepared submits are to other institutions dealing with public empowerment. Mainly the cases are related with people under social protection and persons asking for realization of their rights by administrative procedure or organizations with public empowerment.


April

April 2005
SubjectSubmittedDateTotal
Appeals
AppealCourt of Appeals – Skopjethrough Primary Court – Kumanovo25th1
AppealPrimary Court Kumanovo27th1
AppealMinistry of Labour and Social Policy through the Center for social work27th1
Total No3
Proposals
Proposal for hearing of witnessesPrimary Court Kumanovo26th1
Proposal for bargain divorcePrimary Court Kumanovo27th1
Total No2
Claims and Statements
Claims to Center for social work for single financial aid – Center for Social work Kumanovo.5
ClaimTo the Primary Public Prosecution1
ClaimTo Public Enterprise “Cistota i zelenilo”1
StatementsCenter for social work – Kumanovo12
Total No19
Total No subjects for March24
Legal advices are given in indefinite number

In April 19 submits were prepared and large number of legal advices was given. Although the number of prepared submits is smaller, the office was visited by large number of citizens, persons under social protection involved in administrative procedures in front of relevant institutions, persons already involved in administrative procedures or willing to start administrative procedure. Again most of the prepared submits were related with administrative institutions, exactly to the Ministry of Labour and Social Policy and Center for social work. Submits for court procedures were 5, from which 4 related with courts and 1 with Public Prosecution.


May

In May there was no need for complaints

May 2006
SubjectSubmittedDateTotal
Appeals
Appeal upon decision of Primary Court KumanovoPrimary Court Kumanovo11th1
Total No1
Proposals
Proposal for accomplishment of monetary claimPrimary Court Kumanovo121
Total No1
Reply to complaint
Reply to complaint9
Total No 9
Claims to Center for social work for single financial aid – Center for Social work Kumanovo4
Claim to the Council of the Municipality Kumanovo1
Claim to the Deputy Minister of Ministry of Labour and Social Policy2
Supplication to Public Enterprise “Cistota i zelenilo”1
Total No subjects for May19
Legal advices are given in indefinite number

In May total number of submits was 19, from which most of them were for court instances. As in the previous month a large number of legal advices were given and very big number of citizens was visiting our office to consult whether to start certain procedure or not.


June

June 2006
SubjectSubmittedDateTotal
Complaints
Complaint for divorcePrimary Court Kumanovo1st1
Complaint for divorcePrimary Court Kumanovo
Complaint for divorcePrimary Court Kumanovo
Total No3
Appeals
AppealCommission of the Government of R.M. for decisions on second level related to subjects of insurance for retirement pensions and insurance for people with disabilities through the Fund for retirement pensions and insurance for people with disabilities7th1
AppealMinistry for Labour and Social Policy through the Center for social work Kumanovo14th1
AppealMinistry for Labour and Social Policy through the Center for social work Kumanovo21th1
AppealMinistry for Labour and Social Policy through the Center for social work Kumanovo21th1
AppealMinistry for Labour and Social Policy through the Center for social work Kumanovo27th1
Total No5
Claims
Claims to Center for social work for single financial aid – Center for Social work Kumanovo5
Claim for liberation of court taxesTo the Supreme Court of R.M.1
Claim for guardianship of childrenCenter for social work Kumanovo1
ClaimTo the Municipality of Kumanovo3
Total No10
Objections
Objection to the Primary Court Kumanovo – Criminal Council1
Total No subjects for June18
Legal advices are given in indefinite number

During this month although the number of prepared submits is the same as previous two months, but regarding the fact that in the summer period the number of persons applying for legal aid is smaller, and legal advices also are smaller then previous months. The number of persons applying for legal aid was bigger for administrative procedure, then in court procedures. Most submits are towards Center for social work and the Ministry for Labour and Social Policy.


July and August

July 2006
SubjectSubmittedDateTotal
Proposals
Proposal for bargain divorcePrimary Court Kumanovo27th1
Total No1
Appeals
AppealMinistry for Labour and Social Policy through the Center for social work Kumanovo17th1
Total No1
Claims
Claims to Center for social work for single financial aid – Center for Social work Kumanovo. Claim to Center for social work for replenishment of funeral costs6 1
ClaimTo the Ministry of Interior- Department for Interior Kumanovo1
ClaimTo the Municipality of Kumanovo1
Total No9
Total No subjects for July11
Legal advices are given in indefinite number

In July and August the number of citizens applying for legal aid is smaller whether is court or administrative procedure, because the temperatures are so high, and citizens and institutions in Macedonia are working with low intensity. The interest for taking legal actions against is smaller, except for those ongoing and time limited procedures. The courts starting from the second half of July till the end of August do not work with full capacity but are working only on emergency cases. One of the project’s activities, preparation and distribution of brochures with educational content, was realized and prepared in August, and distributed in October on the two meetings held with the local population of the Romani settlement Sredorek and Baraki mahaala, while discussions for civil rights and their realizations were realized. In August persons working on this project were on annual holidays, because in this period when courts are also on annual holidays, and citizens do not have greater needs for legal aid in the court procedures.


September

September 2006
SubjectSubmittedDateTotal
Proposals
Total NoNone
Complaints
Complaint for divorceTo Primary Court Kumanovo19th1
Total No1
Claims
ClaimMinistry for Labour and Social Policy of Republic of Macedonia1
ClaimClaims to Center for social work for single financial aid – Center for Social work Kumanovo9
ClaimTo the Municipality of Kumanovo3
Total No13
Total No subjects for September
Legal advices are given in indefinite number

October

October 2006
SubjectSubmittedDateTotal
Proposals
Proposal for accomplishment of monetary claimPrimary Court Kumanovo3rd1
Total No1
Complaints
Complaint for divorcePrimary Court Kumanovo17th1
Complaint for divorcePrimary Court Kumanovo5th1
Complaint for complete jurisdiction disputeTo the Supreme Court of R.M8th1
Complaint for assessment of parenthoodPrimary Court Kumanovo19th1
Total No4
Claims
ClaimClaims to Center for social work for single financial aid – Center for Social work Kumanovo9
ClaimTo Sentence and Corection Prison for postponement of prison sentence1
ClaimPrimary Court Kumanovo for liberation of court taxes1
Total No11
Total No subjects for October
Legal advices are given in indefinite number