An attempt to criminalise free speech in Serbia
An attempt to criminalize free speech in Serbia has been uncovered.
Published: November 22, 2016, 10:45 am
Serbia’s Criminal Code has come under scrunity after it emerged that a secretive government Task Force was set up to introduce a change in the Criminal Code that would make Srebrenica “genocide denial” a crime in Serbia.
Little is publicly known about the composition of this committee or its brief.
One of the Task Force’s goals is a revision of the existing article 387 of the Criminal Code to be supplemented with a new clause (5) that would make such denial prosecutable with a maximum punishment of five years in prison.
The proposed draft of article 387 (5), which will be up for a vote in Parliament sometime this week, reads:
“Whoever publicly approves, denies, or significantly diminishes the gravity of genocide, crimes against humanity or war crimes committed against groups of persons or individual members of a group based on their race, skin color, religion, origin, or state, national, or ethnic affiliation, in a manner that could lead to violence or incitement to hate toward such a group or group-member, if such criminal acts have been adjudicated in a final judgment of a court in Serbia or the International Criminal Court, will be subject to imprisonment for a term from six months to five years.”
Information about the proposed revision of the Criminal Code became known to a limited segment of the Serbian public only on Wednesday of last week, when the text began circulating on the internet.
The mass media had not reported on this significant legal development.
The proposed Serbian law could be contrary to the provisions of the European Convention of Human Rights, as well as deemed unconstitutional in Serbia. Articles 18 and 43 of the Serbian Constitution guarantee freedoms of conscience and public expression.
Israeli Holocaust scholar Yehuda Bauer described Srebrenica as “an act of mass murder, not a genocide” and stated that he could see no evidence that Serb forces intended, in whole or in part, to exterminate the Bosniaks.
Meanwhile new research into the Srebrenica case in 1995 is likely to cast fresh doubt on whether the Dutch troops guarding the safe area were given adequate cover by the UN, dutchnews.nl reported.
The Dutch government has asked why the Dutchbat force stationed at Srebrenica received no aerial support from its UN allies. At the heart of the row is the issue of whether Dutchbat or the government knew beforehand that it would not be given support from the air.
A book by former defence minister Joris Voorhoeve has claimed that six weeks before the attack, the United States, France and the United Kingdom decided against aerial support.
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