Implementation of Transitional Laws in Serbia 2006

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Implementation of Transitional Laws in Serbia 2006of Hare Krishna” 854 . The perpetrators of this criminal act have not beenfound yet.On March 15 th , 2006 the Initiative submitted the first criminal report againsta John Doe 855 for execution of a criminal act of “instigating national, racialand religious discord and intolerance” 856 . To date, no information arrivedon measures that the prosecution undertook with the aim to find andsanction responsible persons. The second criminal report 857 to the DistrictPublic Prosecution in Jagodina was submitted on July 3 rd , 2006 againstJohn Doe for execution of criminal act “of instigating national, racial andreligious hatred of discord and intolerance” 858 and “aggravated assault andbattery” 859 . The District Public Prosecution in Jagodina has not broughtone indictment to date for the mentioned incidents.Under the Criminal Code of the Republic of Serbia, whoever instigatesor exacerbates national, racial or religious hatred or intolerance amongthe peoples and ethnic communities living in Serbia shall be punished byimprisonment of six months to five years 860 . If this criminal act is committedby coercion, maltreatment, compromising security or damage to otherpersons’ goods, the offender shall be punished by imprisonment of oneto eight years 861 . Instigating means creating hatred, discord and intolerancethat did not exist until then, while exacerbating assumes existence of someof these feelings and its further development and strengthening. Hatred ishostile feeling to someone and represents a psychosocial ground for creatingconflict situations and taking certain actions 862 . Although the right to freechoice of religion is protected in the above-mentioned documents, butalso in many domestic and international documents, including the Charteron Human and Minority Rights and Fundamental Freedoms of Serbia-Montenegro 863 , Constitution of the Republic of Serbia 864 , the InternationalCovenant on Civil and Political Rights 865 , the Universal Declaration of854 Ibid855 The Initiative filed the first criminal charges against a John Doe on March 15 th , 2006 and available in theInitiative’s documentation856 Criminal Code of Serbia, Article 317, item 2, see above under 611857 The Initiative submitted the second criminal charges against a John Doe on July 3 rd , 2006 and available in theInitiative’s documentation archives858 See above under 856859 Ibid., Article 121860 Ibid., Article 317, item 1861 Ibid., Article 317, item 2862 Yugoslav Criminal Law, Ljubisa Lazarevic, Savremena Administracija, 1998.863 Charter on Human and Minority Rights, see above under 36864 Constitution of the Republic of Serbia, see above under 7865 The International Covenant on Civil and Political Rights, see above under 28158
Implementation of Transitional Laws in Serbia 2006Human Rights 866 and the European Convention for Protection of HumanRights and Fundamental Freedoms 867 , the assaulters against Zivota Milanovichave not been brought to justice to date.Ethnically Motivated Violence in the Serbian ArmyAnis Masovic (21) from Prijepolje served his military service in 2005in Pozarevac, army post office 5303/4a. By what he told the Initiative’sinvestigator 868 , on May 25 th , 2005 Anis was mowing the grass in the barrackswhen one soldier threw a stone and hit him in the neck. Anis respondedto this by saying: “Why are you throwing stones, moron?” 869 According toAnis, such incidents are common in the army and he did not think thatany bigger incident might take place. Anis described the events the nextnight: “I came tired into the dormitory room, so I lay to bed right away...At around 11 pm I was awoken by a blow. When I opened my eyes, I saw ashovel nearing me. I pulled my head fast so they did not hit me in the back.Only then I saw that a group of five to seven young men was attacking mewith shovels, metal bars and fists. I tried to defend myself, but there weremore of them so I got several hits in my body. Then I started to screamand ask for help... At that moment, a light turned on and I saw the last two.I recognized them as two soldiers from my platoon, Nemanja Djuric andAleksandar Stanojevic” 870 .Damaged Anis Masovic told Initiative’s investigators that he was presentwhen two soldiers were giving statements on the incident that happened tothe soldier on call and that soldier Zeljko Bacinac said that he was contactedby some soldiers during the day (he told their names to the solider on call)and asked him whether he wanted to be involved in the beating up ofMuslims that night. Other soldier, Dusan Savic was witness of the assaultand he recognized the attackers. In a statement to Judge of the PozarevacMunicipal Court Dragan Todorovic, Anis Masovic pointed out that he wasappointed platoon commander, but the soldiers unwillingly executed thewarrants he was giving them, commenting that they do not want to beordered by a Muslim 871 .866 Adopted and proclaimed in the United Nations General Assembly’s Decision 217 (III) of December 10,1948; 48 states voted for, none voted against, while eight were restrained (including Yugoslavia)867 The European Convention for Protection of Human Rights, see above under 29868 Report on the incident – case “Anis Masovic”, available in the Initiative’s documentation869 Ibid870 Ibid871 Report from the trial of October 24 th , 2005, available in the Initiative’s documentation159
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Implementation of Transitional Laws in Serbia 2006

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