Implementation of Transitional Laws in Serbia 2006

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Implementation of Transitional Laws in Serbia 2006minorities, migrants and people of immigrant origin 998 . The Law on PublicInformation forbids publishing of ideas, information and opinions initiatingdiscrimination, hatred, violence against person or group of persons due totheir race, nationality or ethnic group 999 . Besides, insulting term “Shiptar” isused throughout the text when it refers to ethnic Albanians from Kosovo.The Initiative pressed charges on May 12 th , 2006 for determination of hatespeech to the First Municipal Court in Belgrade where Antonije Kovacevic,KURIR’s editor-in-chief, was charged 1000 . Complaint demanded formthe First Municipal Court in Belgrade to reach the ruling saying that thementioned article represented hate speech, to remove disputable articlefrom this daily paper’s internet site, to ban its publishing or publishing ofany other similar texts in the future, to publish the ruling in KURIR, inwhole and without comments and to pay with solidarity to the prosecutorfor the expenses of legal proceedings.The accused disputed the entire demand in his reply to the complaint 1001 .Among other things, following argument had been used in his reply to thecomplaint: “The article published in daily paper KURIR on March 16 th ,2006 on the page 23 does not at all represent hate speech… Comment onthe banner in English shown by Pristina supporters – Serbia like Nokia,getting smaller day by day – might possibly represent hate speech fromPristina supporters towards Serbian and Serbian people” 1002 . Then thefollowing: “in the last hundred years when Serbian people was eliminatedin acceptable and unacceptable way, exiled, turned into national minority(with the position similar to American Indians) in Kosovo, there is no legalground for protection of those who did it” 1003 .The first hearing 1004 before the First Municipal Court in Belgrade was held onJune 14 th , 2006. and proceeding judge was Vesna Lazarevic. Prosecutor anddefendant stated the same as in the complaint and reply to the complaint 1005 .Next main hearing was held on July 17 th , 2006 and defendant was not998 Recommendation of the Committee of Ministers of the Council of Europe No. R (97) 20 was adopted onOctober 30 th , 1997, See above under 969999 The Law on Public Information, Article 38, see above under 11000 See Kurir’s we site: http://www.kurir-info.co.yu/Redakcija/redakcija.shtml, visited on November 25 th ,20061001 Reply to the complaint arrived in Initiative on May 29 th , 2006 and is available in the Initiative’s documentation1002 Ibid, page 11003 Ibid, page 21004 Case court number XV – P.No. 4172/061005 Trial report of the case KURIR dated June 14 th , 2006 is available in the Initiative’s documentation176
Implementation of Transitional Laws in Serbia 2006present so the main hearing was postponed for October 6 th , 2006. 1006 . Inthe main hearing held on October 6 th , 2006. defendant Antonije Kovacevicsaid that he was ashamed he had to meet such accusations in Serbia and thatthe only insulting thing in the whole article is the very picture showing thebanner insulting for Serbia and its territorial integrity which is protected bythe Constitution so he considers article for defense and reply to the photowith the banner 1007 .On October 6 th , Judge Vesna Lazarevic of the First Municipal Court inBelgrade threw out the charges pressed by the Initiative for hate speechagainst KURIR 1008 . Judge Lazarevic explained in the rationale of the courtruling that citations from the article are not sufficient for inciting hatred,although they are “questionable”, 1009 according to her. The judge pointedout in her verdict that the use of the word “Shiptar” is not offensive, noris offensive an assumption that one whole people can speak English 1010 .According to her, offenses against Albanians are not cases of hate speechas “hate is a strong feeling of hostility that can cause extremely negativereactions …” 1011 .The judge characterized the words saying that Albanians “…are in positionto mock Serbian incapability. That’s what we deserve” as “an expression ofdeep worry because of difficult political situation, which is the idea of thetext. 1012 ” The judiciary’s reactions to hate speech in the media are illustratedby the following citations from the court ruling:“The disputed article needs to be seen in connection with current politicalevents in Kosovo-Metohija, as it was this background that led to a text ofsuch content and consequently a harsh reaction of the press, and which isstill shown in the uncertain destiny of the Serbian southern province, thereporting to the public for years on ghettoization and difficult conditions inwhich the Serbian people in Kosovo-Metohija live, with constant reportingof the media on violence, even with lethal consequences exercised againstfew Serbs who continued to live in Kosovo. Also, historical importance of1006 Trial report of the case KURIR dated July 17 th , 2006 is available in the Initiative’s documentation archives1007 Trial report of the case KURIR dated October 6 th , 2006 is available in the Initiative’s documentation archives1008 The court ruling following the charges of the Initiative against daily KURIR was passed on October 6 th ,2006 and is in the Initiative’s documentation1009 Ibid1010 Ibid1011 Ibid1012 Ibid177
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Implementation of Transitional Laws in Serbia 2006

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