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Three Freedoms Under the Magnifying Glass

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Three Freedoms Under the Magnifying Glass Three freedoms under the magnifying glass Review of violations of freedom of association, assembly and expression in Serbia from March to July 2019 Association. Assembly. Expression. These three freedoms must be guaranteed to all. These three freedoms form the basis of civil society. No country can call itself democratic without guaranteeing these rights. These freedoms are guaranteed by the Constitution and laws of the Republic of Serbia. Practice, however, shows the opposite. We are witnessing more and more frequent attacks on associations, activists and the free media. The space in which they operate is increasingly narrowed as the number of attacks, threats, intimidation and insults increases. We believe that regularly collecting and publishing cases of violation of these rights can help to raise the visibility of this trend that is growing rapidly and draw attention to the seriousness of the problems we face. Here is an overview of key violations of freedom of assembly, association and expression in Serbia since March this year, when Serbia was placed on the CIVICUS Monitor Watch List as a country where these freedoms are seriously threatened. We will continue to publish these overviews in the future, which show instances of violations of the freedoms of association, assembly and expression. In addition, representatives of 20 civil society organisations signed in Belgrade the Three Freedoms Platform for the Protection of Civic Space in the Republic of Serbia, in order to protect and promote the freedom of association, assembly and information.The Platform is intended to act as a joint block of civil society organizations (associations, professional organizations, foundations, endowments, and other forms of associations including informal groups of citizens) to stand for the protection of endangered freedoms and create conditions for unhindered participation of citizens in public affairs through civil society development. We are aware that the fight to preserve these rights is a long and difficult one. We are aware that these overviews will not force those who violate the rights to cease or cause an adequate response from the international community. These representations are a support to civil society, and for media, decision- makers and citizens they present a reliable and up-to-date account of the reality of civic space in Serbia. Regular monitoring allows for stronger and more coordinated action by all actors to protect these three freedoms and impede the work of those who wish to suppress them. * Civic Initiatives as a partner of CIVICUS Monitor for Serbia send bi-weekly reports in English since August 2018. Learn more about the CIVICUS Monitor here. * ENGLISH SOURCES WERE PROVIDED WHERE POSSIBLE Freedom of association March 10 – 18, 2019 1. Milan Blagojevic, one of the organizers of the "1 in 5 million" civic protests in Zitoradja, was attacked and beaten. He accused the Mayor Ivan Stanojevic for this violence, in whose office Blagojevic was when five men entered the room and started kicking him in the head. The mayor dismissed the allegations, saying he was the one who got the beating. Multiple head injuries were reported in Blagojevic's medical report. Milan Blagojevic and two other protest organizers, who were interviewed by the police together, were detained for 48 hours. 2. Organizers of the protest "1 of 5 million" in Negotin, announced that Strahinja Ciric, also one of the organizers, was attacked and beaten in front of the building where he lives, where he suffered serious physical injuries. In the week prior to this attack, Ćirić spoke at the protest about Zoran Milojevic Zelja as "the SNS's chief thug", as the master of Negotin, which the protest organizers consider to be the motive for this attack. March 18 - April 23, 2019 3. The Director of the Lawyer's Committee for Human Rights - YUCOM received a written message from the Belgrade Bar Association warning her that she was not entitled to be a director of an NGO because it was not in line with her function as a lawyer. The legal framework is unclear in this respect, so it can be interpreted in several ways, which the Belgrade Bar Association is misusing. The Lawyer's Committee for Human Rights provides free legal assistance, and the Bar is constantly threatening the work of providing legal assistance, seeking a monopoly on this service. 4. It has been noted that sites registered by unknown entities actively resemble other investigative sites by name and design. Articles published by websites such as the Istraga and the Patriot contain information that discredits NGOs. The Center for Research, Transparency and Accountability - CRTA, which deals with transparency and free elections, has been their latest target. One article states that the CRTA is influenced by foreign governments and that it is working against Serbia's interests. Also, articles of the same content can be found on similar websites and show a systematic approach to this smear campaign. 5. The Association of Public Prosecutors of Serbia (UTS) is facing pressures aimed at discrediting the efforts of this association which is working on preservation of the autonomy and independence of public prosecutors in the judicial system in the process of amending the Constitution. Pro-regime tabloids are publishing numerous articles on the participation of individual UTS members in the work of the State Prosecutorial Council, describing them as traitors and mafia members. A much more serious attack on UTS is the formation of a new professional association, the Association of Judges and Prosecutors by existing professional associations, as well as representatives of the civil sector, which is characterized as GONGO. April 23 - May 7, 2019 6. Following the appearance of Sonja Stojanovic Gajic, director of the Belgrade Center for Security Policy, on a television show stating that the announcement of the hunger strike by Defense Minister Aleksandr Vulin is just another reality show, aimed at distracting citizens from thinking about current issues, a GONGO called National Avant-garde published a video criticizing the work of the BCSP, and its director personally. The BCSP has been targeted lately because of their reports in which they are describing Serbia as a captured state and also calling for introduction of the Pribe mechanism in Serbia as an aid in fighting the capture state. The captured state implies a state of widespread corruption, which allows public resources to be used for private purposes, while control mechanisms are neutralized, either by legal or illegal channels. This situation extends to sectors covered, to a varying extent, in certain negotiating chapters, but also to the political criteria whose fulfillment is more difficult to follow. European Commission ordered independent expert report about the state of rule of law in Macedonia. BCSP stated that if the EC would send experts to Serbia to make a similar report it would make a difference in the rule of law in Serbia. After those claims, GONGOs and pro-government media started targeting BCSP even more. 7. On the other hand, GONGOs close to the security sector are working to promote nationalist and right- wing groups. The Center for Security, Investigation and Defense recently suggested that it would be wise to establish civilian patrols to combat juvenile delinquency and drug traffickers who use children to smuggle narcotics. The role of this association is to promote the security sector and to magnify its closedness and lack of transparency under the veil of patriotism. The founders of this association are suspicious individuals with a criminal background. 8. Another right-wing organization has launched an online petition to introduce a new law on non- governmental organizations in Serbia, similar to the one in Russia, to control foreign funds. Civic initiatives have publicly asked the Change.org online platform to remove the petition because it violates international law, domestic laws and promotes hate speech. 9. A meeting of the Working Group for Amendments to the Criminal Code was held in order to review the sanctions for the most serious crimes. It was announced that the unique position of the working group is that the court should be able to impose a life sentence without the possibility of parole. Civil society distanced itself from this position and announced that the article which says "without the possibility of conditional release" was not considered in the working group. The change of the Criminal Code appeared as a populist move by the authorities after several years of petitioning of the father of a murdered girl to impose life sentences to the killers of children. May 7 - June 4, 2019 10. The reactions of representatives of the GONGO organization Transparency - Council for Monitoring, Human Rights and the Fight against Corruption on the European Commission’s report about Serbia's EU progress were published in the tabloid Informer. They say the report was written by political opponents of Aleksandar Vucic, Serbian Progressive Party and members of the coalition gathered around the parliamentary majority, which is a blow to the credibility of EU institution. The GONGO organization National Avant-garde continued with its activities and released a new video against liberal civil society, that reflects warnings from independent civil society organizations that warn of the growing trend of the emergence of new GONGO organizations in Serbia. These events indicate the increased activity of GONGO organizations in Serbia 11. Youth of the Democratic Party of Serbia, the opposition right wing parliamentary party, held a performance the day before the Miredita, dobar dan! festival and sought its ban. They also asked the Serbian authorities to ban the work of the Youth Initiative for Human Rights, which is the organizer of the festival. 12. The Government of the Republic of Serbia held a meeting with non-governmental organizations on amendments to the Law on Financial Support to Families with Children, to which the association “Moms are the Law” was not originally called, which was most critical of the law.
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