Serbia / Higher Court in Subotica/5.K. 78/19

Country

Serbia

Title

Serbia / Higher Court in Subotica/5.K. 78/19

View full Case

Year

2020

Decision/ruling/judgment date

Thursday, February 06, 2020

Incident(s) concerned/related

Incitement to violence or hatred

Related Bias motivation

Race/Ethnicity

Groups affected

Muslims
Ethnic minorities

Court/Body type

National Court

Court/Body

Higher Court

Key facts of the case

The perpetrator of the crime, in a state of insanity, caused national hatred among the peoples or ethnic communities in Serbia by entering a bakery owned by members of the Albanian ethnic community, which is located in Subotica. On that occasion, he threw a set of keys on the counter and loudly insulted members of the Albanian ethnic community and threatened Albanians. *Discrimination and hatred against national minorities in Serbia, especially against Albanians are closely related to anti-Muslim hatred. This is also a finding from the research: Ejub Kostić, I. (2020), ‘Islamophobia in Serbia National Report 2019’ in: Bayrakli, E., Hafez, F. (eds.), European Islamophobia Report 2019, Ankara, SETA Foundation for Political, Economic and Social Research, pp. 679-702. Even though there might be Albanians who are atheists, they are widely perceived as Muslims by perpetrators. In this case the court itself does not separate national, ethnic, and religious discrimination and hatred.

Main reasoning/argumentation

The Higher Court in Subotica found that the perpetrator committed a criminal act under Article 317, paragraph 1 of the Criminal Code (Incitement to national, racial and religious hatred and intolerance).

Is the case related to the application of the Framework Decision on Racism and Xenophobia, the Racial Equality Directive?

Key issues (concepts, interpretations) clarified by the case

Considering that the perpetrator of the criminal act envisaged by Article 317, paragraph 1 of the Criminal Code was in a state of insanity, at the time of committing that act, the High Court therefore imposed a security measure on the perpetrator of the illegal act instead of punishment, as a form of criminal sanction.

Results (sanctions, outcome) and key consequences or implications of the case

The Higher Court in Subotica imposed the security measure of mandatory psychiatric treatment outside institution as envisaged by Article 82 of the Criminal Code on the perpetrator of the criminal act from Article 317, paragraph 1 of the Criminal Code, which will last as long as there is a need, for a maximum of three years. If he does not undergo the treatment referred to in Article 82 of the Criminal Code, that measure may be replaced by a security measure of mandatory treatment in a health institution.

Key quotation in original language and its unofficial translation into English with reference details

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