The PRIVACY of the individual and the inviolability of property, even when it is obvious that the neighbor is endangering his life and disturbing good neighborly relations, in practice turned out to be a solid boundary beyond which the system and competent institutions very rarely cross.
And when the neighbors do not squint at what is happening behind closed doors and report a smoldering problem in time, like a tenant who piles old things and garbage in the apartment, the emergency services knock on the door and rummage through the problem only when it escalates. As in the recent case when firefighters pulled a man out of a pile of garbage in an apartment in New Belgrade. Too late, because he passed away soon after.
A vicious circle of problems
Tenants of many apartment buildings can testify to what a vicious circle they got into when they tried to solve the problem. When a neighbor crowds a large number of dogs in the apartment, he makes a dovecote out of it, or brings in various waste and disrupts the functioning of the first neighbors who cannot live normally due to the unbearable stench or barking of dogs. Or when they wanted to help a neighbor.
In order for the authorities to react according to the unwritten rule, an accident should happen, he should try to commit suicide, attack another … Although before that there were years of fights with services, which obviously had their hands tied, or shifted responsibility from address to address. And the inviolability of the apartment and respect for privacy were cited as an argument for inaction.
– Unfortunately, the communal inspection does not have many possibilities in such and similar situations because its competencies are limited – for “Novosti” explains Snezana Mirkovic, head of the department for communal inspection and execution of the Belgrade municipality of Cukarica.
– Every inspector, and not only the communal one, cannot enter someone’s apartment or house without written approval, a court order, which is very rarely given, in a clear procedure.
According to the law and practice, as lawyers explain, a court order is issued only in a procedure that is generally not initiated. However, they insist on the inviolability of the apartment as an absolute right that is respected within the limits when it does not bother others. Because the court, as they say, is not clairvoyant and does not know what is happening behind closed doors. But, while the court also reaches the order, which, as the inspection confirmed, is rarely given, many institutions that are in charge of taking care of the individual are guided by protocols that they cannot violate.
– We react on the basis of reports from neighbors or cooperative institutions – they explain in the Center for Social Work of the City of Belgrade.
– Depending on the content of the report, professional workers go to the field independently, and they can also request the assistance of the police or communal militia, ambulance if, based on the content of the report, it is assessed that it is necessary.
If the neighbor decides to open the door to the employees of the Center, they are obliged to inform him about the possibilities of help and support, but also to motivate him to accept the help. If he doesn’t want her, that’s where the story ends.
– We can ask for the assistance of the police, communal militia or ambulance if it is estimated that the person is hungry, his life and health are endangered, he has aggressive behavior. If there is a suspicion or knowledge of mental problems, the center can request information about the health condition … After providing the appropriate evidence, the neuropsychiatrist can initiate the procedure of deprivation of legal capacity, which is only the starting point for a possible court decision – explained the Center for Social Work.
Practice shows that a positive outcome in such cases is almost at the level of statistical error.
– The problem with people who collect things, the so-called hordes, creates problems for the environment and there is essentially not much help – explains psychologist and psychotherapist under the supervision of Sonja Stojanović.
– Psychiatric disorders cannot be helped until people ask for help themselves – or until they try to commit suicide or endanger the property and lives of others.
As Stojanović explains, these are people who generally have a problem with separation, which often arose in the child-parent relationship, because they believe that if they separate, they will no longer be able to connect:
– Each of us has people nearby who do not like to throw things away, but here we are talking about extreme cases when there is consolation in things and they accumulate huge amounts. By this deposition, they protect some of their pain, they are tucked away in those things to which they are attached, because they are more attached to them than to people.
FIREFIGHTERS pulled out a man
About a week ago, a long-standing problem of the tenants of this building surfaced in the high-rise building at 171 Arsenija Čarnojevića Boulevard in New Belgrade. Despite attempts to help a neighbor who lived alone, almost overwhelmed with things, the authorities went out on the field and entered the apartment only after his acquaintances reported that he did not answer the phone.
As the ambulance could not enter the apartment and help, the firefighters reacted, who managed to pull the tenant out with a sore leg. He died the next day in the Zemun hospital.
ENTRY INTO THE APARTMENT ONLY EXCEPTIONAL
NO ONE can enter someone else’s apartment or other premises against the will of their owner without a written court decision, nor conduct a search in them – the Cukarica CSO inspection states.
– The holder of the apartment and other premises has the right to attend the search alone or through his representative and with two other adult witnesses. If the landlord or his representative is not present, a search is allowed in the presence of two adult witnesses.
No court decision, they add in the inspection of Cukarica, entry into another’s apartment or other premises, exceptionally and search without the presence of witnesses, are allowed if it is necessary for the immediate deprivation of liberty of the perpetrator of the criminal offense or the elimination of the immediate and serious danger to people or property.
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