In 2022, the Judicial Academy followed a training plan and programme on prosecuting hate crime for contact persons within the prosecution for 2022 to 2024, developed in co-operation with the OSCE Mission to Serbia. The sessions included a presentation of the international legal framework and standards in the field of combating hate crimes, criminal prosecution and proof of hate crimes, the position of hate crime victims, particularly vulnerable categories of victims, the role of civil society organisations in supporting victims, and examples of practical actions undertaken by the competent authorities in cases of hate crime, as well as the practice of the European Court of Human Rights.
A representative of the Republic Public Prosecutor's Office took part in two co-ordination meetings of representatives of competent state authorities and civil society organizations aimed at hate crime prevention, organized by the Ministry of Human and Minority Rights and Social Dialogue and the OSCE Mission in Serbia.
In 2022, a number of notable cases were pursued. A criminal complaint was filed against two adults for committing the criminal offense of rape (Article 178 of the Criminal Code) and abuse and torture (Article 137 of the Criminal Code) committed against an adult male victim. The accused persons were charged with psychological, physical and sexual abuse of the victim in numerous humiliating acts in the victim's apartment out of bias against his sexual orientation. The court proceedings are underway.
In a separate case, a group of perpetrators was accused of using force on four occasions against victims due to their sexual orientation during May and June 2022. As a result, the victims suffered numerous physical injuries and were robbed of their mobile phones and money. The investigative procedure is underway.
A criminal complaint was filed with the Basic Public Prosecutor's Office in Lebane against an adult for committing the crime of grievous bodily harm (Article 121 of the Criminal Code) against a minor belonging to the Roma community. The court proceedings are underway.
ODIHR recognizes Serbia's efforts to regularly report hate crime data to ODIHR and build the capacity of prosecutors to address hate crime. However, based on the available information, it observes that Serbia’s recording and statistics do not sufficiently distinguish hate crimes from other crimes, and that law enforcement agencies of Serbia have not recorded the bias motivations of hate crimes. In addition, ODIHR observes that Serbia would benefit from raising awareness among and building the capacity of police to address hate crime.
ODIHR recalls that in Ministerial Council Decision 9/09, participating States have agreed to a definition of hate crime shared by all OSCE participating States, and committed to collecting reliable data and statistics on hate crimes. To that end, hate crimes need to be distinguished from hate speech, discrimination crimes throughout the recording and data collection process. To ensure that the motives of perpetrators are acknowledged, the law enforcement must, as a first step, record the bias motivation of hate crimes. Participating States have also committed to introducing or further developing professional training and capacity-building activities for law enforcement, prosecution, and judicial officials dealing with hate crimes.
ODIHR stands ready to support Serbia in meeting its relevant commitments through the provision of comprehensive resources and tailored assistance in the area of hate crime reporting, as well as by providing further resources and tailored capacity-building assistance for police, prosecution, and judiciary.
🛈 Please note that the total number of incidents may be lower than the sum of incidents presented in the breakdown chart above, as some incidents involve multiple bias motivations.
🛈 ODIHR no longer presents descriptions of property attacks in the incident tables below. Data on property attacks are presented in the breakdown charts above. One property attack may target multiple properties or involve multiple types of attack.