92
Concerns in Europe: January - June 2001
AI Index: EUR 01/003/2001
Amnesty International September 2001
proceedings were taken, and several other unidentified
persons - to have kicked and punched the Roma boy
outside a supermarket in Niš, shouting, “Gypsy - what
are you doing in Serbia!” The boy’s father, Nebojša
Ajdarevi
- who came to his son’s aid - was also
attacked. After arrest, and in the presence of several
police officers Nataša Markovi
is reported to have
told Nebojša Ajdarevi
that she hated “Gypsies” and
that “Gypsies have to get out of Serbia.” Oliver
Mirkovi
and Nataša Markovi
were found guilty on
16 May 2001, and each sentenced to six months
imprisonment, suspended for two years, in the first
case in which an attack on members of a minority
group was accepted by a court as incitement of racial,
religious or national hatred.
The first Gay Pride celebration in the FRY was
planned for 30 June in Belgrade. Prior to the event, the
organizing group contacted the police to report both
anonymous threats and public announcements by
groups stating that they would prevent the celebration
taking place. These included the nationalist group
Obraz (Honour), the Saint Sava Youth (associated
with the SRS - Serbian Radical Party) and the Crvena
Zvezda (Red Star) football supporters, who published
homophobic statements on their web-site. The
celebration was prevented from taking place by a
counter-demonstration of up to 800 people - mainly
men - and including groups from known nationalist
organizations. Shouting homophobic threats, the
crowd made a series of violent attacks on the Gay
Pride participants, also attacking by-standers,
journalists and the police using fists, bottles, stones
and clubs. A planned press conference was also
prevented by assaults and further threats against
several gays and lesbians who tried to attend the
meeting. Reportedly 40 civilians and 8 police officers
were injured. AI was concerned at reports that police
were heard to question why they should provide
protection for lesbians and gay men, and called on the
Chief of the Belgrade Police to open an investigation
into the failure of the police to act with due diligence
to prevent the violence against the Gay Pride
celebration. The organization also called on the
authorities to open and full and prompt investigation
into those responsible for organizing the violence.
The organization Obraz was alleged to be
responsible for some of the reported attacks on ethnic
minorities and of involvement in the attack on the Gay
Pride march in Belgrade. The organization, whose
web-site contains anti-semitic and racist content, was
founded four years ago, and is now estimated to have
a membership of up to 30,000 in Montenegro and
Republika Srpska, as well as in Serbia. The HLC has
requested that the public prosecutor take steps against
the organization under Article 134 of the FRY
Criminal Code, which prohibits the incitement of
ethnic and religious hatred.
Conscientious objectors and the Amnesty Law
On 24 January 2001, Srdjan “Si
ko” Kne
evi
,
coordinator of the Network for Conscientious
Objection was arrested by the military police at
Belgrade airport in relation to charges presented
against him at Niš Military Court, relating to his
alleged desertion from the Yugoslav Army (VJ) in
June 1999. He was released after 24 hours - after being
taken to the military court at Niš - without any further
action being taken. AI is concerned that he was
targeted for arrest because of his work as a human
rights defender and notes that he was arrested at the
airport immediately before he was due to fly to an
international conference on conscientious objection in
Switzerland. A TV sports journalist from Montenegro
was also arrested - and later released - at Belgrade
airport on 10 January 2001, apparently because of his
failure to respond to the call-up during the NATO
intervention in 1999.
The Federal Parliament approved the Amnesty
Law on 11 January 2001 and it passed into law on 27
February. The main provisions of the amnesty applied
to conscientious objectors and deserters who had
refused to take part in the wars conducted by the
Federal Republic of Yugoslavia in the period between
April 1992 and October 2000. The law additionally
provided an amnesty to those sentenced under articles
of the FRY Criminal code covering “criminal acts”
against the VJ and some constitutional offences, as
well as providing for a 25 percent reduction in the
sentences of prisoners convicted of all but the most
serious of crimes.
According to reports received by AI, a number of
conscientious objectors and deserters who had fled to
third countries have now returned to the FRY, though
others have chosen to remain abroad as they fear that
they will still be subject to arrest and harassment or
discrimination by the authorities and will not be
protected from future call-up.
Following government proposals to reduce the
period of compulsory military service from 12 to 10
months, with provision for a period of alternative
civilian service of 20 months, rather than 24 months,
the Yugoslav Committee of Human Rights (YUKOM)
drew up a petition proposing a further set of
amendments to the law the on military service. They
criticized the government’s proposed amendments on
grounds that the length of alternative civilian service
was punitive, and called for both military service and
a civilian alternative to be set at seven months. The
YUKOM amendment also called for the right to
conscientious objection not solely on the grounds of
religious belief, but also on moral, political,
philosophical and other grounds; and for decisions on
applications - and on the approval of civilian
alternatives - to be determined by a civilian authority
rather than a military body. YUKOM also called for
the right to conscientious objection at any time, both
up to and having entering the armed forces; the right
to conscientious objection is currently only available
to new recruits within 15 days of receiving a summons
for mobilization. With over 30,000 signatures
collected by YUKOM and other NGOs, the petition
was submitted to the Federal government on 4 June.
The FRY constitution provides for amendments made
by public petition - and signed by more than 30,000