Dismissal of Death Threat Charges – Dangerous Symptom

23. April 2010.

Like many others, the Belgrade Centre for Human Rights is appalled by the Belgrade First Basic Court decision to dismiss the charges against a group of hooligans accused of issuing death threats against journalist Brankica Stanković. The decision, reached without the questioning of the indictees, is not merely another hapless court decision. It is also indication of deeper and more dangerous undercurrents.Namely, the court is tacitly condoning not only death threats against but the murder of disagreeable journalists as well. It does so by concluding that the threat against the journalist, who is an official under the law, does not constitute a risk to her life and physical integrity but merely a public insult, although she may suffer the fate of Slavko Ćuruvija, who was brutally assassinated. The court thus agrees with the chanters of slogans at the stadium, who obviously think Ćuruvija deserved to die. Even worse, one may draw the conclusion that the judges did not want to antagonise the politicians who publicly approved of Ćuruvija’s liquidation and that they did so fearing (or hoping) that the forces they represent will inevitably prevail in Serbia.

This decision is all the more devastating as it is one of the first court decisions rendered after the reform of the Serbian judiciary. It demonstrates that the reform has not fulfilled its goal, to rid the judiciary of incompetent and morally insensitive judges. This is why the usual appeals to higher courts, Justice Ministry promises to take to task and even pronounce disciplinary measures against the judges, will not suffice. The BCHR is of the view that the judicial reform must be revised and completed, even at the cost of new upheavals. Serious and extensive measures need to be undertaken to protect the judges from intimidation, such as the intimidation that may have been exerted in this case.

Could this decision be revenge taken on Brankica Stanković by the judges who, as her shows demonstrate, sabotaged proceedings against criminal leaders of violent fan groups, even against those accused of grave crimes unrelated to sports?

Brankica Stanković did well to turn down the “generous” advice of the court to file private charges. She thus spared both herself and us the humiliation she would have been subjected to and the hooligans’ gloating.

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Poštovanje zabrane vraćanja (principa non-refoulement) u postupcima izručenja u Srbiji od 2017. do 2021. godine

Autori: Vladica Ilić, Sanja Radivojević, Petar Vidosavljević

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