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          As it is foreseen by the Draft of the Law on Military Intelligence Agency (hereinafter: MIA) and Military Security Agency (hereinafter: MSA) made by the Ministry of Defense as a working version,  it is possible to find few new solutions for the functioning of the military intelligence services, which would certainly attract the public attention.

           

          Hence the information which are collected secretly, by  following, video or audio surveillance, the MSA would be able to use directly in case of a danger for the Ministry of Defense or the Army of Serbia. Until now, these data could have been only used during court processes.

           

          However, it would not be possible to collect data without the authorization of the Supreme Court of Serbia, and for the first time, the supervision over military security agencies would be performed, by a General Inspector.

           

          The main object of these new provisions is to fundamentally organize competencies, authorizations, supervision and control method of the MIA and the MSA. It is explicitly noted that the MSA could use the secretly collected information only in preventive manner, unlike in present practice of data collecting for usage only on the court process. Until now, that was the core of the critics by the MSA itself. The intelligence was “tied” to the old solutions, because it did not have chance to use its findings in appropriate way.

           

          The most important problem which should be solved by the Law is the relation of agencies towards the executive governance and establishing a mechanism of control over their activities. The Draft thus foresees the MSA and the MIA as subordinate bodies within the Ministry of Defense, who are independent in their work. Directors of these two agencies are directly appointed and released from duty by the President of the Republic on the proposal by the Ministry of Defense.

           

          According to the Draft, control and supervision of the MSA and the MIA functioning would be organized on various levels. Supreme level of control would be appointed to the National Parliament, but also to the Government trough the Ministry of Defense. The direct day-to-day control of the agencies would be appointed to the inspector, together with the Internal Control of the Agencies.

           

          (Newspapers “Vecernje Novosti”, June 30th, 2009)

          Translated by Igor Novakovic, CCMR Intern

        • Tags: service, military, security agency, voa, vba, General inspector, surveillance, civil control, Defence, Defense Ministry
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