Implementation of Transitional Laws in Serbia 2006

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Implementation of Transitional Laws in Serbia 2006After the investigation and analysis of all circumstances of this case,the Initiative pressed criminal charges against Nemanja Djuric and sixJohn Does on August 11, 2005 to the Pozarevac Public Prosecution forinstigating national, racial and religious hatred, discord or intolerance 872and criminal acts of inflicting milder assault and battery 873 . Based on thesubmitted criminal charges, the District Public Prosecution in Pozarevacconducted investigation before the Pozarevac District Court, and theacting investigative judge was Dragan Todorovic. During the investigation,suspect Aleksandar Stanojevic gave a statement in which he said: “A groupof Muslim soldiers in our barracks was always separated, they stuck tothemselves, they often made orders to others, so some of the commanderswere afraid of them…Tension grew between Muslim and Serbian soldiers... At around 11 pm,I laid and fell asleep, I was awoken by noise, I heard someone yelling, thedoor knocking, and the light was on.I heard Anis Masovic, who was a damaged party, saying, “They beat likegirls, he stood there next to my bed without a single scratch.” Later Anisshowed me a bruise on his thigh, I think 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 threatening openly to everyone. Therewas no plan to attack the Muslims.” 874After the investigation, the Pozarevac district prosecution filed a requestto the Pozarevac district court to start an investigation against suspectsNemanja Djuric, Aleksandar Stanojevic and Igor Babic 875 . Magistrate at thedistrict prosecution Dragan Vukicevic interrogated suspect Nemanja Djuricwho said: “on the critical night, I was asleep, I don’t know what happened,Goran Nikolic who was sleeping in the bed under mine woke up sayingthere was some fight. I saw Anis standing by the bed and there was nobodyholding anything in their hands nor wearing anything on their head…. Ihave never been involved in “beating 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 Criminal Code, Article 134, item 2, see above under 586873 Ibid, Article 54, item 2874 Trial report, investigations from December 21 st , 2005, available in the Initiative’s documentation875 Trial report from April 19 th , 2006, available in the Initiative’s documentation876 Trial report from May 5 th , 2006, available in the Initiative’s documentation877 Trial report from May 18 th , 2006, available in the Initiative’s documentation160
Implementation of Transitional Laws in Serbia 2006Witness Dusan Savic 878 stated at the hearing on January 17 th , 2006: “At onemoment I was awoken up by someone’s scream and I figured out at thatpoint it was the voice of Anis Masovic… Nemanja Djuric was holding inhis hands broken broom’s handle, the bigger one, and Babic was holdinga pillow… Anis was lying in his bed covered with bruises. I know thatbecause I approached first… Most bruises he had on the body, left thighand left side of the stomach but left thigh the most…. I saw under his beddismantled military spade …” 879District court judge Dragana Jevremovic ordered on February 7 th , 2006court and medical expertise in this case. The expertise was performed byDoctor Slobodan Nikolic and the report says: “According to the doctor’sreports, the following can be concluded: Anis Masovic on this criticaloccasion suffered the following injuries: haematoma in the upper third ofthe inner side of the left thigh (the diameter of haematoma was 10x8 cm),haematoma in the area of the left hip – trohanter, haematoma on the leftgroin and haematoma in the left part of the back area (the diameter of thehaematoma was 6x2 cm)… he was also diagnosed painful sensitivity in thethorax area and right thigh area… the urologist also found haematoma in areaof left scrotum.. the reports also diagnosed bruises with the injured party ina sense of head, thorax and stomach contusions….”. 880 At the end of thereport called “Opinion”, Doctor Slobodan Nikolic concludes: “Accordingto type, position, localization and other characteristics of injuries sufferedby Anis Masovic on this critical occasion, it can be concluded that all werecaused by at least four-times active blunt mechanical instruments”. 881Investigation by the Pozarevac district court is still underway. Soon after theincident, Anis Masovic was dismissed from the army because he becametemporary incapable for further military service 882 .Stoning of Roma Community in NisIn Nis on February 25 th , 2006 group of young men attacked the house wherethe Romas live in the suburb “Beograd Mahala”, on Cokotska, Vinaverska878 One of two witnesses who made statement to the officer on duty in the army barracks in Pozarevac879 Trial report from January 17 th , 2006, available in the Initiative’s documentation880 Report on forensic expertise in the file Ki 470/05-32 signed by Doctor Slobodan Nikolic is in the Initiative’sdocumentation881 Ibid882 Ibid161
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Implementation of Transitional Laws in Serbia 2006

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