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Implementation of Transitional Laws in Serbia 2006

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<strong>Implementation</strong> <strong>of</strong> <strong>Transitional</strong> <strong>Laws</strong> <strong>in</strong> <strong>Serbia</strong> <strong>2006</strong>After the <strong>in</strong>vestigation and analysis <strong>of</strong> all circumstances <strong>of</strong> this case,the Initiative pressed crim<strong>in</strong>al charges aga<strong>in</strong>st Nemanja Djuric and sixJohn Does on August 11, 2005 to the Pozarevac Public Prosecution for<strong>in</strong>stigat<strong>in</strong>g national, racial and religious hatred, discord or <strong>in</strong>tolerance 872and crim<strong>in</strong>al acts <strong>of</strong> <strong>in</strong>flict<strong>in</strong>g milder assault and battery 873 . Based on thesubmitted crim<strong>in</strong>al charges, the District Public Prosecution <strong>in</strong> Pozarevacconducted <strong>in</strong>vestigation before the Pozarevac District Court, and theact<strong>in</strong>g <strong>in</strong>vestigative judge was Dragan Todorovic. Dur<strong>in</strong>g the <strong>in</strong>vestigation,suspect Aleksandar Stanojevic gave a statement <strong>in</strong> which he said: “A group<strong>of</strong> Muslim soldiers <strong>in</strong> our barracks was always separated, they stuck tothemselves, they <strong>of</strong>ten made orders to others, so some <strong>of</strong> the commanderswere afraid <strong>of</strong> them…Tension grew between Muslim and <strong>Serbia</strong>n soldiers... At around 11 pm,I laid and fell asleep, I was awoken by noise, I heard someone yell<strong>in</strong>g, thedoor knock<strong>in</strong>g, and the light was on.I heard Anis Masovic, who was a damaged party, say<strong>in</strong>g, “They beat likegirls, he stood there next to my bed without a s<strong>in</strong>gle scratch.” Later Anisshowed me a bruise on his thigh, I th<strong>in</strong>k it was his right thigh, but the bruisewas rather small… In the next few days we had problems with Muslimswho were led by Muhamed Kukuljac threaten<strong>in</strong>g openly to everyone. Therewas no plan to attack the Muslims.” 874After the <strong>in</strong>vestigation, the Pozarevac district prosecution filed a requestto the Pozarevac district court to start an <strong>in</strong>vestigation aga<strong>in</strong>st suspectsNemanja Djuric, Aleksandar Stanojevic and Igor Babic 875 . Magistrate at thedistrict prosecution Dragan Vukicevic <strong>in</strong>terrogated suspect Nemanja Djuricwho said: “on the critical night, I was asleep, I don’t know what happened,Goran Nikolic who was sleep<strong>in</strong>g <strong>in</strong> the bed under m<strong>in</strong>e woke up say<strong>in</strong>gthere was some fight. I saw Anis stand<strong>in</strong>g by the bed and there was nobodyhold<strong>in</strong>g anyth<strong>in</strong>g <strong>in</strong> their hands nor wear<strong>in</strong>g anyth<strong>in</strong>g on their head…. Ihave never been <strong>in</strong>volved <strong>in</strong> “beat<strong>in</strong>g with blankets” 876 . Suspect Igor Babicsaid he was asleep on the critical night because he had sound sleep and hefound out later from soldiers what had happened 877 .872 Basic Crim<strong>in</strong>al Code, Article 134, item 2, see above under 586873 Ibid, Article 54, item 2874 Trial report, <strong>in</strong>vestigations from December 21 st , 2005, available <strong>in</strong> the Initiative’s documentation875 Trial report from April 19 th , <strong>2006</strong>, available <strong>in</strong> the Initiative’s documentation876 Trial report from May 5 th , <strong>2006</strong>, available <strong>in</strong> the Initiative’s documentation877 Trial report from May 18 th , <strong>2006</strong>, available <strong>in</strong> the Initiative’s documentation160

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