[EMBARGOED FOR: 29 November 2005] Public
amnesty international
The Writing on the Wall: Serbian
Human Rights Defenders at Risk
The Writing on the Wall: Serbian Human Rights Defenders at Risk
Introduction
Amnesty International is concerned at the
apparent increase in the incidence of threats and attacks on individual human
rights defenders and human rights non-governmental organizations (NGOs) in
This document
describes a campaign of harassment and intimidation against human rights defenders,
and the failure of the Serbian authorities to provide those attacked with
protection and redress. It ends with a
series of recommendations to the authorities which, if implemented, Amnesty
International believes would significantly improve both the protection of human
rights defenders, and their ability to contribute positively to the promotion
and protection of human rights in
Human rights defenders at risk – the
background
Over the past year several Serbian NGOs have been subjected to repeated and apparently systematic intimidation. Such intimidation has included public threats - in the form of graffiti on their premises; verbal and written threats; apparent “burglaries” and threats of legal action or the opening of what appear to be malicious prosecutions. There have also been a number of physical attacks on human rights defenders and lawyers. These incidents have taken place against a background of increasing concern about the independence of the media, and threats against members of the independent media.
Amnesty International notes that the campaign of harassment and intimidation appears to focus in particular on the female leaders of some of those organizations. As well as facing the same forms of intimidation experienced by their male colleagues[1], they also face discrimination, sexual abuse and derogatory accusations related specifically to their status as women. These have included verbal and written attacks describing women human rights defenders as “whores”, or accusations that Women in Black (Žene u crnom) are involved in the organization of women for prostitution (see below). Amnesty International notes the important role that women such as Nataša Kandić of the Humanitarian Law Centre, (Fond za Humanitarno pravo, HLC), Sonja Biserko of the Serbian Helsinki Committee for Human Rights (Helsinški Odbor za ljudska prava u Srbiji, Helsinki Committee) Biljana Kovačević-Vučo of the Centre for Cultural Decontamination (Centar za kulturnu dekontaminaciju) and Staša Zajović of Women in Black have played in challenging the dominant narrative of the wars in the Balkans, and their role in exposing and demanding accountability for war crimes.
Amnesty International notes that some threats have been made by individual members of the government, or by members of political parties with which the government is in coalition. Other threats – especially against organizations which have reported on the intimidation of witnesses in war crimes trials – may originate with members of the security forces themselves.
Amnesty International also notes that these attacks are startlingly reminiscent – in their nature, if not yet in their degree – of the clampdown on human rights defenders, journalists and opposition activists which dogged the final days of the presidency of Slobodan Milošević.[2]
Amnesty International considers that the lack of political will by the authorities – in some cases amounting to an active opposition – to address impunity for war crimes has, along with a weak and politically influenced judiciary, and an army and police force with an interest in preserving the climate of impunity for past violations, have allowed this wave of attacks against human rights defenders to go unchallenged.
Although the perpetrators of the majority of incidents remain unknown, it is reasonably suspected that they are the work of individuals or of right-wing nationalist groups, which have previously targeted these NGOs. Where abuses have been perpetrated by private individuals or groups, and where a state has failed to take effective action to prevent, investigate, prosecute and punish such abuses, Amnesty International considers that authorities may be held responsible for those abuses of human rights.
In this case, Amnesty International considers that the Serbian authorities have failed to exercise due diligence in preventing, investigating attacks on human rights defenders and in bringing the perpetrators to justice. [3]
The UN Declaration on Human Rights
Defenders
In 1998, in recognition of the role
played by human rights defenders in the protection of human rights – and indeed
of the dangers they face in doing so – the United Nations adopted by consensus
a Declaration on the Right and Responsibility Of Individuals, Groups and Organs
of Society to Promote And Protect Universally Recognized Human Rights and
Fundamental Freedoms, (UN Declaration on Human Rights Defenders). [4]
The UN Declaration on Human Rights Defenders calls on authorities at all levels of government to explicitly commit themselves to promoting respect for human rights, and to the protection of human rights defenders.
Article 2 of the
UN Declaration on Human Rights Defenders states that:
Each State has a prime
responsibility and duty to protect, promote and implement all human rights and
fundamental freedoms, inter alia, by adopting such
steps as may be necessary to create all conditions necessary in the social,
economic, political and other fields, as well as the legal guarantees required
to ensure that all persons under its jurisdiction, individually and in
association with others, are able to enjoy all those rights and freedoms in
practice.
Further, Article 12 provides that:
1. Everyone
has the right, individually and in association with others, to participate in
peaceful activities against violations of human rights and fundamental
freedoms.
2. The
State shall take all necessary measures to ensure the protection by the
competent authorities of everyone, individually and in association with others,
against any violence, threats, retaliation, de facto or de jure
adverse discrimination, pressure or any other arbitrary action as a consequence
of his or her legitimate exercise of the rights referred to in the present
Declaration.
3. In
this connection, everyone is entitled, individually and in association with
others, to be protected effectively under national law in reacting against or
opposing, through peaceful means, activities and acts, including those by
omission, attributable to States that result in violations of human rights and
fundamental freedoms, as well as acts of violence perpetrated by groups or
individuals that affect the enjoyment of human rights and fundamental freedoms.
The Srebrenica factor
Most of the human rights defenders
targeted are members of a coalition of NGOs which have, over the past year,
been engaged in a programme called “Facing the Past” (Suočavanje
sa prošlošću)[5]commemorating
the 10th anniversary of the end of the war in Bosnia and Herzegovina
(BiH), and in particular, the anniversary of the
massacre at Srebrenica in July 1995. This campaign aimed to challenge the
continuing climate of impunity for war crimes, and to encourage both the
Serbian authorities, and the people of
It is noticeable that both threats and attacks increased in frequency and severity in the period leading up to, and directly following, the anniversary of the massacre at Srebrenica, and that such actions appeared to be specifically directed at members of human rights and other organisations who have sought to challenge the climate of impunity enjoyed by members of the Serbian police, paramilitary and military forces (many of them still employed by the state) and political leaders, for the massive violations of international humanitarian and human rights law which took place in the wars in Bosnia and Herzegovina and in Kosovo.
The organizations
involved in the coalition, with offices in Belgrade, include the Youth
Initiative for Human Rights (Inicijativa mladih za ljudska
prava), the Helsinki
Committee, the Belgrade Circle (Beogradski krug), the Centre for Cultural Decontamination, the Lawyers’ Committee for Human Rights (Komitet pravnika za ljudska prava,
YUCOM)), Women in Black, Civic Initiatives (Građanske
inicijative) and the HLC.[7]
At the end of
May 2005, the “Facing the Past” NGO coalition requested the Serbian Assembly to
adopt a “Declaration on the State of Serbia’s Obligation To Undertake All
Measures Aimed at Protecting the Rights of the Victims of War Crimes,
Particularly the Rights of the Victims of the Srebrenica Genocide.”[8]
The Assembly was unwilling to pass such a resolution.
Amnesty
International notes that in September 2002, on accession to the Council of
Europe,
Yet, following
the showing on national television of a video of the killing of six Bosniaks from Srebrenica in 1995 by members of the Scorpions,
a Serbian paramilitary formation, representatives of several political parties,
including some in coalition with the present government, accused the
Humanitarian Law Centre and the other NGOs of conducting an anti-Serbian
campaign.
These parties included
the Serbian Radical Party (Srpska radikalna
stranka, SRS), nominally headed by Vojislav Šešelj, now indicted by and in the custody of the
International Criminal Tribunal for the former Yugoslavia (Tribunal), the
Democratic Party of Serbia (Demokratska stranka Srbije, DSS) and the
Socialist Party of Serbia (Socijalistička
Partija Srbije, SPS), formerly
headed by Slobodan Milošević who is now on trial
at the Tribunal.
In a press release
dated
“T[h]rough
public assaults and confrontation against NGOs, members of the Serbian
Government and other state administration bodies, directly offer support to
radical groups and grant the space for public lynch [sic] over those who only
provide facts on Serbian role in war operations on territory of ex
Humanitarian Law Centre
Over the past year, the HLC has been subjected to graffiti at their premises. On the night of 4 - 5 November 2004, a swastika was sprayed over the nameplate at the entrance to the HLC building;[11] a star of David was painted on the plaque on 22 March 2005, and anti-Semitic graffiti – including references to the director Nataša Kandić as a “Jewish pawn” – was written on the wall opposite the building; the plaque was again sprayed on 11 July.[12] Referring to such events, Biljana Kovačević-Vučo of the Centre for Cultural Decontamination wrote:
“Those who
uncover the crimes are seen as the main culprits and extremists. Those who
speak up about the crimes are treated as criminals.”[13]
The HLC
in particular appears to be targeted by both right wing groups and the
authorities because of their continued challenging of impunity for war crimes,
and to their allegations that members of the state security forces continue to
be involved in the intimidation of witnesses to those crimes. On
The HLC subsequently reported on
For example, a customs officer from Vladičin Han was allegedly repeatedly threatened by
security officials who, due to her contact with the HLC on another unrelated
matter, suspected her of being one of the HLC’s ‘informants’.
On
The HLC made
further allegations about the intimidation of potential witnesses in April
2005, when it became known that a video tape showing the killing of six Bosniaks in 1995, allegedly by members of the Scorpions,
was in circulation. For example, Jovan Mirilo, suspected
in the past of having provided information to the police, (and who appears to
have made the Scorpions video tape available to the Tribunal), temporarily left his home town of Šid following a threat to his life on 3 March 2005,
allegedly by former members of the Scorpions and officials within the Ministry
of the Interior in Šid. [15]
Nataša Kandić was instrumental in ensuring that the video was broadcast on Serbian national television. She, along with some of the media who showed it, has been singled out for attacks (see later section for threats against the media). Others involved in the same case have also been threatened.
On 28 June, Tomislav Nikolić, current
leader[16]
of the SRS lodged criminal charges of slander against Nataša
Kandić, as well as against Veran Matić
of the independent media station B92[17],
which had broadcast HLC reports. The action was brought following allegations
by the HLC that Tomislav Nikolić
had been involved in the November and December 1991 killings of some 50 elderly
residents of the Croatian
However, the
Belgrade District Prosecutor subsequently opened criminal proceedings against Nataša Kandić on
Two lawyers
associated with the HLC were subjected to physical attacks: on
Like the HLC, the Helsinki Committee has continued to raise questions about impunity for war crimes and the failure of the authorities to bring perpetrators to justice. According to the Helsinki Committee, their director Sonja Biserko has been physically attacked on several occasions in front of her residential building, and her apartment broken into. She has also been accused, in the Belgrade weekly Tabloid (of 8 September 2005), of being a Croatian spy – allegations made apparently on the basis that the Helsinki Committee has worked closely with the refugee organization Hoću Kući (“I want to go home”). The article also included personal details, including her home address and information about members of her family.[21]
On 16 October,
as Sonja Biserko was taking part in a broadcast on
Radio B92, an anonymous text message was received at the station, informing
them that a bomb had been placed in a rubbish bin outside the studio. This was reportedly
the third such bomb-scare at the studio (see later section for threats against
the media).
Like the HLC,
the Helsinki Committee has also been targeted by graffiti, with messages
sprayed on their office walls including “Sectarians get the hell out of
Women in Black
Women in Black, a women’s anti-war
organization which since 1991 has opposed Serbia’s involvement in the Balkan
wars and challenged impunity for war crimes, has also been subjected to
harassment both by the authorities[22]
and the media, as well as physical attacks and threats from non-state actors
including members of right-wing groups.
In February 2005, following
an accusation by an individual known to them, Women in Black (and coordinator Staša Zajović in particular)
were subjected to a criminal investigation on suspicion of involvement in the
organization of prostitution.[23] On
In addition, in the run-up to the anniversary of the Srebrenica massacre, Women in Black reportedly received “tens of threats” per day. On the anniversary itself, tear gas was thrown at a silent vigil organized by the organization and attended by members of other human rights NGOs. Police officers present reportedly failed to intervene in order to prevent the incident, although they did arrest nine young men after the attack, [25] and Staša Zajović was subsequently requested to attend as a witness to their identification; at the time of writing Women in Black had received no further information on any further developments in this case.
Women in Black have previously been subjected to attacks by non-state actors, including organizations of young right-wing extreme nationalists such as Obraz (Honour), the Fatherland Movement of Serbia and extreme nationalist organizations associated with the Serbian Orthodox Church including Sveti Stefan.
Youth Initiative for Human Rights
The Youth Initiative for Human Rights’
public awareness programme about Srebrenica included around 30 large billboards
erected in different locations including Belgrade, Novi Sad, Niš and Čačak, bearing
photographs taken in and inspired by the 1995 events in Srebrenica and the
message, “For you to see, to know, to remember” (“Da
vidiš, da znaš, da pamtiš”).
Almost every billboard was subsequently sprayed or defaced with the phrases
“Knife, Wire, Srebrenica” (Nož, žica, Srebrenica), “There will be a re-run” (Biće repriza)
and “ustaše”, referring to the Croatian forces
from the Second World War. In an interview with Human Rights Watch the director
of the Youth Initiative for Human Rights, who had been present at one such
incident, reported having seen the police talk to the perpetrators, who were
then allowed to leave and no further action was reported against them.[26]
Outside
On
Similar
graffiti to that seen in
Threats against the media
On 7 September, the Association of Independent Electronic Media (Asocijacia Nezavisnih Elektronskih Medija, ANEM) issued a statement “protest[ing] strongly at the continuing campaign of intimidation which has now extended beyond journalists to activists of non-governmental organisations. [29]
Many of the
verbal attacks made by politicians against human rights defenders have been
widely reported in the mainstream media, which have also expressed their own –
often derogatory – opinions of the eight NGOs and their leaders. [30]
However, journalists themselves have also been under threat, including a
reporter and the editor of the independent
B92, and its director
and editor in chief Veran Matić,
may have been singled out for attacks following the showing on
Following an interview with Nataša Kandić of the HLC, the radio station reported on 14 July that they had received an anonymous phone call, stating that a bomb had been placed in the building as a result of the station’s “anti-Serbian campaign” and would explode within an hour. This was reportedly the second such threat received by the station. The station also reported that it received daily threats, mainly through its internet site. Such threats had intensified since the showing of the video.
Tomislav Nikolić,
leader of the Serbian Radical Party (SRS), also lodged criminal charges of
slander against Veran Matić
after Radio B92 broadcast HLC reports relating to the killings of some 50
elderly residents of the Croatian
In Vranje in
southern
The attacks on
certain sections of the media came at a time when the Serbian Parliament had
adopted draft amendments to the Broadcast Act. Independent media organizations
had raised concerns at proposals to postpone the transition of
Government Responses
To date, the government has made no official response to appeals from the NGOs concerned; neither have the authorities shown due diligence in opening investigations into the alleged threats and attacks. Indeed, Amnesty International considers that members of the Serbian government have, in some cases, merely reinforced the climate of impunity for attacks against the NGOs.
At the beginning of June, for example, Rade Bulatović, head of the Security Information Agency (Bezbednosno-Informativna Agencija, BIA), reportedly announced that the agency “carefully watches the activities of those NGOs who are working against the interests of the Republic of Serbia”. In language redolent of accusations made against NGOs by the government of Sloboban Milošević in 2000, he also accused them of “abusing their NGO status and [being] mostly financed by centres situated abroad to promote their political and security assignments …”[34] Rade Bulatović has reportedly not responded to an open letter sent by the eight NGOs asking for elaboration of this statement.[35]
Verbal threats, including threats of legal action, have also been made by the Minister for Capital Investments and chair of the New Serbia Party, Velimir Ilić[36], and by his media advisor Petar Lazović, both of whom are alleged to have made death threats against Veran Matić of B92 and used insulting language and behaviour towards other members of B92 staff at a press conference.[37]
Although the government appears to have taken no action to curb Velimir Ilić, the Minister for Culture and Information, Dragan Kojadinović, reportedly dismissed his advisor, rock-star Bora Djordjević, for making statements in support of Velimir Ilić and against B92, apparently stating: “It seems to me that the [next thing to happen is] to pull out a gun and shoot at a journalist, which happened in the Milošević era”.[38]
Amnesty International is also concerned that little or no action appears to have been taken by the authorities, including the police and judiciary, to bring to justice non-state actors suspected of threats and attacks against human rights defenders, even where there is evidence to suggest that attacks are motivated by, or intend to incite, national, ethnic or religious discrimination. Article 51 of the Serbia and Montenegro Charter on Human and Minority Rights and Civil Liberties, states that: “Any provocation of and incitement to ethnic, racial, religious and other inequality, as well as provocation and stirring up of national, ethnic, racial, religious and other hatred and intolerance, shall be prohibited and punishable”. Further, Article 134 of the Serbian Penal Code prohibits national, racial or religious hatred, discord or intolerance among people and national minorities. [39]
Prosecutions, where they have occurred, have generally not been brought under Article 134, but under public order legislation, and often through the misdemeanour courts, even in cases where the intent to incite racial hatred appears evident. [40]
The phantom of Slobodan Milošević
These attacks on both the media and on human rights defenders are reminiscent of the last years of the government of Slobodan Milošević when opposition activists, including the youth and student movement Otpor! (Resistance!), experienced increasing harassment from the authorities, including unlawful and arbitrary detentions, torture and ill-treatment.[41] Indeed, among those suspected or known to be responsible for threats against human rights defenders are many allies of Slobodan Milošević who still retain positions of authority and political influence under the current government of Vojislav Koštunica.
Amnesty
International is therefore particularly concerned that on
According to
the
In addition, both
the independent media and former government ministers increasingly suggest that
a return to the spirit of the Milošević era is
expected, following a deal by the Prime Minister Vojislav Koštunica’s
minority government with the SPS, formerly led by Slobodan Milošević.
The editor of B92, Veran Matić,
observed: "the situation is even more complicated than under Milošević. The world now views the government as
democratic, but all key pillars of Milošević's
regime are being rehabilitated."[46]
Similar views have been expressed by former Serbian Minister of Justice Vladan Batić[47]
and the former Minister of Foreign Affairs for
Recommendations
The campaign of harassment and
intimidation against human rights defenders in
To this end,
Amnesty International is calling on the Serbian authorities to ensure that the
principles contained in the UN Declaration on Human Rights Defenders are fully
incorporated into national law and mechanisms for the protection of human
rights.
Specifically,
Amnesty International calls on the authorities to end impunity for attacks on
human rights defenders in
·
Taking action to thoroughly,
promptly and impartially investigate all threats and attacks against human
rights defenders, to identify the perpetrators and to bring those responsible
to justice;
·
Investigating all threats and
attacks against members of the independent media, and similarly to bring to
justice those responsible;
·
Implementing the relevant
provisions of the Constitution of Serbia and
·
Taking effective action to
ensure all public servants, including within the Ministry of the Interior, act to recognise the legitimacy of the work of
human rights defenders and to abstain from making unsubstantiated allegations
against human rights defenders. Statements of this nature must be publicly
countered and appropriate measures applied to sanction those responsible.
·
Taking effective action to
sanction state officials who abuse the criminal process to the detriment of
members of human rights and social organizations with the intention of
harassing them or curtailing their legitimate activities for the defence of
human rights and fundamental freedoms;
· Ensuring that any criminal proceedings brought against HRDs are independent and impartial;
Amnesty International also calls on the Prime Minister and the Serbian Government:
·
To end the climate of silence
and denial relating to war crimes, in accordance with their obligations to the
Council of Europe, and in particular their commitment: “to inform the people of
Serbia about the crimes committed by the regime of Slobodan Milošević, not only against the other peoples of the
region but also against the Serbs”;
·
To ensure that the perpetrators
of war crimes, crimes against humanity and genocide are brought to justice,
including at the International Criminal Tribunal for the former
Amnesty International also calls on the
international community, and in particular the member states of both the
Council of Europe and the European Union, to raise Amnesty International’s
concerns on human rights defenders in all relevant bilateral and multilateral
meetings with Serbian authorities. In particular, the organization calls on:
·
The Committee on the Honouring of Obligations and Commitments by Member
States of the Council of Europe to more closely monitor the situation of human
rights defenders, as part of its continuing reporting and monitoring of human
rights concerns in Serbia and Montenegro;
·
The European Union (EU)
institutions to implement the provisions of the EU guidelines on Human Rights
Defenders in its bilateral relations with Serbia-Montenegro. Amnesty
International specifically calls on:
-
the EU Troika meetings with
-
the Delegation of the European Commission to
- the
European Parliament to apply the Human Rights Guidelines and the Guidelines on
Human Rights defenders in particular during inter-parliamentary meetings.
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[Embargoed for: |
Public |
amnesty international
The Writing on the Wall: Serbian Human Rights Defenders at Risk
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|
Summary |
AI Index: EUR 70/016/2005 |
Amnesty International is concerned at the apparently increasing incidence of threats and attacks on individual human rights defenders and human rights non-governmental organizations (NGOs) in Serbia, which have been subjected to repeated and apparently systematic intimidation including public threats - in the form of graffiti on their premises - verbal and written threats, apparent “burglaries” and threats of legal action or the opening of what appear to be malicious prosecutions.
A number of physical attacks on human rights defenders, lawyers and journalists have also taken place against a background of increasing concern about the independence of the media, and threats against members of the independent media.
Amnesty International is concerned that some threats have been made by individual members of the government, or by members of political parties with which the government is in coalition, as well as by members of the security forces. The organisation also notes that these attacks are startlingly reminiscent - in their nature, if not yet in their degree - of the clampdown on human rights defenders, journalists and opposition activists which dogged the final days of the presidency of Slobodan Milošević.
The campaign of harassment and intimidation appears to focus in particular on the female leaders of some NGOs. Those under attack are primarily members of an NGO coalition which has, over the past year, been engaged in a programme called “Facing the Past”, and have been involved exposing human rights violations and demanding accountability for war crimes. Amnesty International considers that the lack of political will by the authorities – in some cases amounting to an active opposition – to address impunity for war crimes has, along with a weak and politically influenced judiciary, and an army and police force with an interest in preserving the climate of impunity for past violations, allowed this wave of attacks against human rights defenders to go unchallenged.
Amnesty International is calling on the Serbian authorities to end the campaign of harassment and intimidation against human rights defenders. Authorities at all levels of government must explicitly commit themselves to promoting respect for human rights, and to guaranteeing that everyone in Serbia is able to exercise these rights fully and freely. Human rights defenders must be able to carry out their legitimate activities, and be afforded all relevant protection while doing so, in line with the principles and rights set out in the UN Declaration on Human Rights Defenders.
There can be no impunity for perpetrators of human rights abuses.
KEYWORDS:
This report summarizes a 15-page
document (5607 words),
http://www.amnesty.org/email/email_updates.html
INTERNATIONAL SECRETARIAT,
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šš[Embargo: 29 novembar 2005] |
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amnesty international
Srbija i Crna Gora
Pisanje po zidu: Ugroženi zaštitnici ljudskih prava u Srbiji
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29 novembar
2005 |
Rezime |
AI Index: EUR 70/016/2005 |
Amnesty International izražava
zabrinutost povodom sve učestalijih pretnji i napada
na pojedince
i nevladine organizacije za zaštitu ljudskih prava u Srbiji. Amnesty
International sa zabrinutošću posmatra učestalo i po svemu sudeći
sistematsko zastrašivanje pojedinaca i nevladinih
organizacija koje često uključuje i javne pretnje
– u obliku grafita u prostorijama organizacija – verbalne i pismene
pretnje, navodne ‘provale’ i pretnje
pravnim procesom ili pokretanje zlonamernih zakonskih postupaka.
Fizički napadi na
branioce ljudskih prava, advokate i novinare, kao
i pretnje upućene pripadnicima nezavisnih medija, doprinosi atmosferi u kojoj se nezavisnost medija sve više
dovodi u pitanje.
Amnesty International sa zabrinutošću posmatra pretnje od strane pojedinih
članova vlade, ili članova političkih partija sa kojima je
vlada u koaliciji, kao i pretnje
od strane članova službe sigurnosti. Staviše, Amnesty
International primećuje da
ovi napadi iznenadjujuće podsećaju
– po prirodi, ako ne i
po stepenu – na napade
kakvim su bili izloženi zaštitnici
ljudskih prava, novinari i članovi
opozicije u poslednjim danima vladavine Slobodana Miloševića.
Amnesty International primećuje
da je kampanja
stalnih napada i zastrašivanja uglavnom usmerena na žene koje su na
čelu pojedinih nevladinih organizacija.
Amnesty International poziva odgovorne u Srbiji da se prekine sa napadima i pretnjama na branioce ljudskih prava u Srbiji. Odgovorni na svim nivoima vlasti moraju se odlučno