Implementation of Transitional Laws in Serbia 2006

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Implementation of Transitional Laws in Serbia 2006religious hatred and intolerance 987 . A sentence of six months to five yearsin prison is set for this offence 988 . The stated offence exists for a long timein internal legislation but its practical implementation is very limited 989 .Moreover, even when on rare occasions prosecutions initiated such cases,most of them were the cases of national minorities, and not of the majoritypeople. 990 .Apart from the domestic legislation, prohibition of hate provoking isregulated by international documents. International Covenant on Civil andPolitical Rights in its Article 20, para. 2 states:“Any advocacy of national, racial or religious hatred that constitutesincitement to discrimination, hostility or violence shall be prohibited bylaw 991 ”The Socialist Federal Republic of Yugoslavia signed this covenant, ratifiedand published it in the Official Gazette of the SFRY (International treaties)No. 7 from 1971. 992Although this criminal act is prosecuted in the line of duty, the DistrictProsecutor’s Office did not react. That kind of reaction came from FirstMunicipal Prosecutor’s Office which, after investigating actions, cededthe case to the District Prosecutor’s Office so the offence of initiatingracial, religious and national hate could be processed 993 . However, DistrictProsecutor’s Office concluded there was no enough evidence for thatoffence 994 .987 The Criminal Code, Article 317, see above under 611988 Ibid989 See Initiative’s reports on Implementation of the Transition Laws in Serbia for years 2005 and 2006990 Ibid991 International Covenant on Civil and Political Rights, see above under 28992 Ibid993 B92 web site: http://www.b92.net/info/vesti/u_fokusu.php?id=26&start=75&nav_id=202100, visited onNovember 25 th , 2006994 Official Letter from The District Attorney’s Office in Belgrade, dated August 28, number Kt. 1690/06 isavailable the Initiative’s documentation174
Implementation of Transitional Laws in Serbia 2006Hate speech in KurirKURIR is a Serbian daily founded by Vukadin Rodic 995 .The issue from April13, 2006 brings an article titled “Even Shiptars Mock at Us” saying:Pristina team supporters on their last match showed a slogan in Englishsaying “Serbia Like Nokia – Getting Smaller Day by Day”. The joke whichwas being retold among Serbs finally reached Shiptars after a few monthswhich prove the fact they would make better progress if they had guardianin Serbia. Reaction, of 15,000 supporters on the match of the “Kosovochampionship” between Pristina and Besa which ended without goals, wasalso interesting. Only one hundred observers got the joke in English andthe reaction of the stadium was waited for about ten minutes so the lastShiptar with his while little cap perceived connection between technologicalevolution of the Finnish product and Serbian problem with territory. Resultwould be definitely better if the “copycat” of the Serbian joke wrote it inAlbanian so those few who knew English would be spared from so muchtranslating. Literate or illiterate, only yesterday they discovered soap, andthey ate lemon with peel, today they have an opportunity to ridicule at theexpense of Serbian incapability. We deserved no better.” 996In quoted article, special attention should be given to these lines: “Albanianswould make better progress if they still had a guardian in Belgrade”, then,“Only one hundred observers got the joke in English so the reaction ofthe stadium was waited for about ten minutes so the last Shiptar with hiswhile little cap perceived connection between technological evolution ofthe Finnish product and the Serbian problem with territory” and “theyseem to have only now become acquainted with the use of soap, whileuntil just recently they used to stick their teeth in unpeeled lemon, whereastoday they’ve been given the chance to mock the incapability of Serbs”.According to international and internal standards 997 expressions hate speechrepresents all ways of expressing which spread, encourage and initiate orjustify racial hate, xenophobia, anti-Semitism or other forms of hatred basedon intolerance, including the intolerance expressed through aggressivenationalism and ethnocentrism, discrimination and hostility towards995 See Kurir’s web site: http://www.kurir-info.co.yu/Redakcija/redakcija.shtml, visited on November 25 th ,2006996 Original article in question is available in the Initiative’s documentation997 See above in the section case “Hate-speech in Glas Javnosti”175
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Implementation of Transitional Laws in Serbia 2006

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