This page summarizes cases raised with Serbia by the Special Rapporteur between May 1, 2011, (when the Special Rapporteur took up his functions) and February 28, 2017 (the date of the last public release of communications). Communications are released to the public once per year. This page also contains observations on these communications and on responses received from Serbia.
Communications and observations are divided into sections based upon which observation report they originally appeared.
Each communication is referenced as urgent appeal (UA), allegation letter (AL), joint urgent appeal (JUA) and joint allegation letter (JAL) – the hyperlinks lead to these documents. This is followed by the date the communication was issued, as well as the case number and the State reply (also hyperlinked if available).
Summaries and communications are published only in the language of submission (in the case of Serbia, English).
Observations
The Special Rapporteur regrets that no reply has been received from the Government of the Serbia to the communication sent during the reporting period. He considers responses to his communications as an important part of the cooperation of Governments with his mandate, and urges the authorities to provide as soon as possible detailed responses to all the concerns raised in his communication.
The Special Rapporteur underlines that the rights of peaceful assembly and of association are key for individuals espousing minority or dissenting views or beliefs. He therefore urges the authorities to take positive measures to ensure the physical and psychological integrity of people espousing minority or dissenting views or beliefs and exercising their rights of freedom of assembly and association.
He further recommends to States to avoid insofar as possible blanket prohibitions on assemblies. He further stresses that States have a positive obligation to ensure that the right to peaceful assembly is protected against any disruptive or provocative agent. In case competitive groups or assemblies emerge, he further recommends that positive measures are taken to ensure that any tension between such groups or assemblies is dissuaded as much as possible.
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Observations
The Special Rapporteur regrets that the Government of Serbia has not responded to his communication. He considers responses to his communications as an important part of the cooperation of Governments with his mandate, and urges the authorities to provide detailed answers to all the concerns raised in his communications. He considers responses to his communications as an important part of the cooperation of Governments with his mandate, and urges the authorities to provide detailed answers to all the concerns raised in his communication.
The Special Rapporteur remains seriously preoccupied about the situation of Mr. Kenig and by the reported lengthy police investigation regarding this case. He calls on the authorities to conduct a thorough investigation and hold the perpetrators accountable.
More generally, the Special Rapporteur remains concerned about the physical and psychological integrity of those working and advocating for the rights of LGBTI people, and working to promote equality and non-discrimination, particularly in exercising their right to freedom of opinion and expression, of association and of peaceful assembly. He calls upon the authorities to “[t]ake positive measures, including affirmative action measures, to ensure that all individuals belonging to groups most at risk [such as LGBTI people] have the ability to exercise effectively their rights, including to freedom of peaceful assembly and of association” (A/HRC/26/29, para. 73(c)).
The Special Rapporteur urges the authorities to take all relevant measures to ensure that any individual and legal entity can peacefully exercise their rights of freedom of peaceful assembly and of association. He recommends that the Government put in place an enabling and safe environment allowing individuals to exercise their legitimate freedoms without undue hindrances. A thorough and independent investigation into any allegations of human rights violations, including acts of intimidations or harassments, committed against those exercising their rights to freedom of peaceful assembly and of association, should be conducted; those responsible should be held accountable; and victims should be provided with full redress.
The Special Rapporteur refers to Human Rights Council resolution 24/5, and in particular operative paragraph 1 that “[r]eminds States of their obligation to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, online as well as offline, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly and of association are in accordance with their obligations under international human rights law”.
Observations
Responses to communications
The Special Rapporteur thanks the Government of Serbia for its detailed reply to the joint urgent appeal in relation to the alleged threats and physical attacks against members of the non-governmental organization the Women in Black for their active role in commemorating the Srebrenica genocide, in the first half of 2014. In this connection, he is grateful for the cooperation extended to the mandate, in compliance with Human Rights Council resolutions 24/5 (2013), 21/16 (2012) and 15/21 (2010).
Environment in which these rights are exercised
While he takes note of the ongoing judicial and misdemeanours proceedings against the former spokesperson of the Anti-Terrorist Unit of the Ministry of Interior for the alleged threats made against Ms. Staša Zajovic, the co-founder of Women in Black, the Special Rapporteur requests up-to-date facts and actions taken to ensure that the legitimate rights to freedom of association and peaceful assembly are respected and that the physical and psychological integrity of those exercising this right is guaranteed in the country. In this connection, he also requests the country to endeavour to guarantee that investigations are conducted promptly to ensure the accountability of any person responsible for the alleged violations, avoid repetition, provide full redress to the victims and send a positive message to civil society, as soon as possible. Moreover, he urges the Government to take all necessary steps to secure the rights to freedom of peaceful assembly and of association as per articles 21 and 22 of the International Covenant on Civil and Political Rights acceded to by Serbia on 12 March 2001.
With regard to the attacks against the participants of a peaceful gathering organized by the Women in Black at Valjevo’s town square on 8 July 2014, the Special Rapporteur stresses again that States have a positive obligation to actively protect these assemblies, including from individuals or groups who aim to disrupt them (A/HRC/20/27, paragraph 33).
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For the full reports, containing communications, replies and observations for all countries, see the following links:
Report A/HRC/20/27/Add.3: May 1, 2011 to March 15, 2012
Report A/HRC/23/39/Add.2: March 16, 2012 to February 28, 2013
Report A/HRC/26/29/Add.1: March 1, 2013 to February 28, 2014
Report A/HRC/29/25/Add.3: March 1, 2014 to February 28, 2015
Report A/HRC/32/36/Add.3: March 1, 2015 to February 28, 2016
Report A/HRC/35/28/Add.4: March 1, 2016 to February 28, 2017
