• Free legal aid – Narative report

    Posted on November 29 2006

    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
    Submitted Date Total
    Appeals
    Appeal Ministry of Labour and Social Policy through the Center for social work Kumanovo 13th
    Appeal Ministry of Labour and Social Policy through the Center for social work Kumanovo 19th
    Appeal Ministry of Labour and Social Policy through the Center for social work Kumanovo 29th
    Appeal Ministry of Labour and Social Policy through the Center for social work Kumanovo 29th
    Appeal Court of Appeals – Skopjethrough Primary Court – Kumanovo 25th
    Total No. 5
    Proposals
    Proposal Proposal for discharge of court taxes to Primary Court – Kumanovo
    Total No 1
    Claims
    Claims to Center for social work – Kumanovo All for single financial aid 10
    Claim to the Ministry of Education and Science 1
    Claim to the Ministry of Labour and Social Policy 1
    Statement to the Ministry of Labour and Social Policy 1
    Total No 13
    Total No submits in January 19
    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
    Subject Submitted Date Total
    Complaints
    Complaint for divorce Primary Court Kumanovo 23th
    Complaint for divorce Primary Court Kumanovo 24th
    Complaint for assessment of parenthood Primary Court Kumanovo 23th
    Total No 3
    Appeals
    Appeal Ministry of Labour and Social Policy through the Center for social work Kumanovo 6th
    Appeal Court of Appeals – Skopjethrough Primary Court – Kumanovo 7th
    Appeal Court of Appeals – Skopjethrough Primary Court – Kumanovo 24th
    Appeal Ministry of Labour and Social Policy through the Center for social work Kumanovo 27th
    Total No 4
    Claims
    Claims to Center for social work for single financial aid 19
    Claim to the Fond for retirement pensions and insurance for people with disabilities of Republic of Macedonia – Department Skopje 1
    Claim to the Ministry of Interior of R.M. for issue of confirmation for former labour relation 1
    Claim to the Fond for retirement pensions and insurance for people with disabilities of Republic of Macedonia – Department Kumanovo 1
    Supplication to Public Enterprise for plumbing 1
    Supplication to the Ministry of Labour and Social Policy of R.M 1
    Total No 24
    Notifications
    Criminal suit for nonpayment of alimony Primary Court Kumanovo 21th 1
    Total No 1
    Proposals
    Proposal for postponement of prison sentence Primary Court Kumanovo 1st 1
    Special proposal for liberation of court taxes Primary Court Kumanovo 1st 1
    Proposal for accomplishment of monetary claim Primary Court Kumanovo 14th 1
    Proposal for accomplishment of monetary claim Primary Court Kumanovo 17th 1
    Total No proposals 4
    Total Nosubmits 36
    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
    Subject Submitted Date Total
    Complaints
    Complaint for divorce Primary Court Kumanovo 3th 1
    Complaint for divorce Primary Court Kumanovo 21th 1
    Complaint for divorce Primary Court Kumanovo 30th 1
    Total No 3
    Appeals
    Appeal Court of Appeals – Skopje through Primary Court I Skopje 21th 1
    Appeal Ministry of Labour and Social Policy through the Center for social work 27th 1
    Total No 2
    Claims
    Claims to Center for social work 33
    Claim to the Ministry of Labour and Social work 1
    Supplication to Public Enterprise for plumbing 3
    Claim to the Municipality of Kumanovo 1
    Total No 38
    Proposals
    Proposal for bargain divorce Primary Court Kumanovo 2nd 1
    Special proposal for liberation of court taxes 3th 1
    Total No 2
    Total No subjects for March 45
    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
    Subject Submitted Date Total
    Appeals
    Appeal Court of Appeals – Skopjethrough Primary Court – Kumanovo 25th 1
    Appeal Primary Court Kumanovo 27th 1
    Appeal Ministry of Labour and Social Policy through the Center for social work 27th 1
    Total No 3
    Proposals
    Proposal for hearing of witnesses Primary Court Kumanovo 26th 1
    Proposal for bargain divorce Primary Court Kumanovo 27th 1
    Total No 2
    Claims and Statements
    Claims to Center for social work for single financial aid – Center for Social work Kumanovo. 5
    Claim To the Primary Public Prosecution 1
    Claim To Public Enterprise “Cistota i zelenilo” 1
    Statements Center for social work – Kumanovo 12
    Total No 19
    Total No subjects for March 24
    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
    Subject Submitted Date Total
    Appeals
    Appeal upon decision of Primary Court Kumanovo Primary Court Kumanovo 11th 1
    Total No 1
    Proposals
    Proposal for accomplishment of monetary claim Primary Court Kumanovo 12 1
    Total No 1
    Reply to complaint
    Reply to complaint 9
    Total No 9
    Claims to Center for social work for single financial aid – Center for Social work Kumanovo 4
    Claim to the Council of the Municipality Kumanovo 1
    Claim to the Deputy Minister of Ministry of Labour and Social Policy 2
    Supplication to Public Enterprise “Cistota i zelenilo” 1
    Total No subjects for May 19
    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
    Subject Submitted Date Total
    Complaints
    Complaint for divorce Primary Court Kumanovo 1st 1
    Complaint for divorce Primary Court Kumanovo
    Complaint for divorce Primary Court Kumanovo
    Total No 3
    Appeals
    Appeal Commission 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 disabilities 7th 1
    Appeal Ministry for Labour and Social Policy through the Center for social work Kumanovo 14th 1
    Appeal Ministry for Labour and Social Policy through the Center for social work Kumanovo 21th 1
    Appeal Ministry for Labour and Social Policy through the Center for social work Kumanovo 21th 1
    Appeal Ministry for Labour and Social Policy through the Center for social work Kumanovo 27th 1
    Total No 5
    Claims
    Claims to Center for social work for single financial aid – Center for Social work Kumanovo 5
    Claim for liberation of court taxes To the Supreme Court of R.M. 1
    Claim for guardianship of children Center for social work Kumanovo 1
    Claim To the Municipality of Kumanovo 3
    Total No 10
    Objections
    Objection to the Primary Court Kumanovo – Criminal Council 1
    Total No subjects for June 18
    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
    Subject Submitted Date Total
    Proposals
    Proposal for bargain divorce Primary Court Kumanovo 27th 1
    Total No 1
    Appeals
    Appeal Ministry for Labour and Social Policy through the Center for social work Kumanovo 17th 1
    Total No 1
    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 costs 6 1
    Claim To the Ministry of Interior- Department for Interior Kumanovo 1
    Claim To the Municipality of Kumanovo 1
    Total No 9
    Total No subjects for July 11
    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
    Subject Submitted Date Total
    Proposals
    Total No None
    Complaints
    Complaint for divorce To Primary Court Kumanovo 19th 1
    Total No 1
    Claims
    Claim Ministry for Labour and Social Policy of Republic of Macedonia 1
    Claim Claims to Center for social work for single financial aid – Center for Social work Kumanovo 9
    Claim To the Municipality of Kumanovo 3
    Total No 13
    Total No subjects for September
    Legal advices are given in indefinite number

    October

    October 2006
    Subject Submitted Date Total
    Proposals
    Proposal for accomplishment of monetary claim Primary Court Kumanovo 3rd 1
    Total No 1
    Complaints
    Complaint for divorce Primary Court Kumanovo 17th 1
    Complaint for divorce Primary Court Kumanovo 5th 1
    Complaint for complete jurisdiction dispute To the Supreme Court of R.M 8th 1
    Complaint for assessment of parenthood Primary Court Kumanovo 19th 1
    Total No 4
    Claims
    Claim Claims to Center for social work for single financial aid – Center for Social work Kumanovo 9
    Claim To Sentence and Corection Prison for postponement of prison sentence 1
    Claim Primary Court Kumanovo for liberation of court taxes 1
    Total No 11
    Total No subjects for October
    Legal advices are given in indefinite number