Serbia

Serbia regularly reports data on hate crimes to ODIHR. Serbia's Criminal Code contains a general penalty enhancement provision and a substantive offence provision. The data reported to ODIHR also include cases of incitement to hatred, individual defamation, other hate speech offences, discrimination and the violation of equality. Serbia's Prosecutor's Office collects data on hate crime.

How hate crime data is collected in Serbia

How hate crime data is collected in Serbia

There is no specific system in place for the police recording of hate crimes.

The recording of hate crimes is conducted in all 83 public prosecutor offices in accordance with official guidelines. There is an instruction that defines record keeping on hate crimes within the meaning of the aggravating circumstance under Article 54a of the Criminal Code, including on providing a specific indication of the motive of the criminal offence. Under General Compulsory Instruction O.br. 4/2018 of 28 September 2018, each Prosecutor's Office includes a prosecutor appointed as a contact point, who is tasked with collecting information and issuing quarterly reports on activities regarding hate crimes to the Public Prosecutor's Office.

In addition to hate crimes, the Prosecutor's Office records the criminal offences of incitement to ethnic, racial and religious hatred and intolerance (Article 317 of the Criminal Code), racial and other discrimination (Article 387 of the Criminal Code), as well as other criminal offences covered in the Criminal Code.

The Public Prosecutor's Office and competent public prosecutor's offices co-operate with relevant civil society organizations on the basis of signed protocols. Regular co-ordination meetings are held, involving representatives of the Public Prosecutor's Office, representatives of other competent state bodies and civil society organisations to prevent hate crimes in the Republic of Serbia. These meetings are held twice a year and are organized by the Office for Human Rights and Minority Rights of the Government of the Republic of Serbia and the OSCE Mission to Serbia. Opinions are exchanged at the co-ordination meetings with the representatives of the civil sector, who point out cases that, in their opinion, represent hate crimes. In addition to the aforementioned normative regulations, the Guidelines for the Prosecution of Hate Crimes in the Republic of Serbia are also important for the actions of public prosecutors.

Access more information at the Legislation Online website Legislationline TANDIS Access more information at the Tolerance and Non-Discrimination Information System (TANDIS) website

OFFICIAL DATA

Year Hate crimes recorded by police Prosecuted Sentenced
2019 86 14 10
2018 61 12 7
2017 5 0 0
2016 9 1 2
2015 79 7 19
2014 87 21 14
2013 64 24 16
2012 36 39 37
2011 39 36 24
2010 37 35 13
2009 82 16 44

About 2014 Data

    Figures include crimes of incitement to hatred, other speech crimes and crimes violating freedom of religion.

National developments

The governmental Office for Human and Minority Rights co-organized a regional conference on Prosecuting Hate Crimes in South-East Europe in December 2014. The conference brought together regional governmental representatives dealing with hate crimes, OSCE field operations and ODIHR.

The Information Office for Victims and Witnesses started working at the Higher Public Prosecutor's Office in Belgrade. The initiative is part of a project aimed at providing support to injured parties and witnesses, implemented by the Republic's Public Prosecutor's Office in co-operation with the Embassy of the United Kingdom in Belgrade.

Serbia’s government adopted the Action Plan for the Implementation of Strategies for the Prevention and Protection against Discrimination for the period 2014–2018. The Action Plan aims, among other activities, to establish a single database of criminal charges, number of convicted persons and range of sanctions related to acts of violence (and threats) committed on the basis of personal characteristics. The Action Plan also envisions training judiciary and prosecution personnel on communication with communities affected by discrimination and hate crimes.

Incidents reported by civil society, international organizations and the Holy See

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Reports

Racist and xenophobic hate crime

Praxis, the Regional Centre for Minorities and the OSCE Mission to Serbia reported 13 incidents of damage to property in connection with a football match between Serbia and Albania in October, during which an Albanian flag was towed behind a drone as it flew over the stadium. All of the targets were businesses associated with the Albanian community. The Regional Centre for Minorities also reported a further arson attack on a mosque in connection with the same football match. The Regional Centre for Minorities reported two assaults causing serious injury, including one assault against three members of an Ashkali family.

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Anti-Roma hate crime

Praxis and the Regional Centre for Minorities reported an incident in which two Roma boys were physically assaulted in a bar and their musical instruments broken. The Regional Centre for Minorities reported two arson attacks, including one against the home of a Roma family, and a further series of physical assaults against eight Roma people resulting in serious injury, including broken ribs, to several victims, and a further physical assault. Praxis reported a further physical assault carried out by a group against a young Roma man.

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Anti-Muslim hate crime

The Regional Centre for Minorities reported one arson attack, in which a Molotov cocktail was thrown at a mosque.

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Anti-LGBTI hate crime

Gayten-LGBT and Transgender Europe reported two physical assaults, one causing serious injury carried out by a group against a transgender woman, and one against a lesbian on a bus, as well as a threat against a transgender woman. The OSCE Mission to Serbia reported a physical assault against a gay man from Germany.

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Hate crime against Christians and members of other religions

Jehovah's Witnesses – Serbia reported three physical assaults causing serious injuries, one of which involved a machete, four incidents of physical assault and four incidents of damage to places of worship.

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INTERNATIONAL REPORTS

Racist and xenophobic hate crime

The OSCE Mission to Serbia and the Government Office for Human and Minority Rights (OHMR) continued to support regular meetings of the informal inter-governmental group on hate crimes. This group provides a forum for dialogue on hate crimes among civil society and government representatives. The Mission and OHMR also hosted a regional conference focusing on the prosecution of hate crimes, attended by some 40 government and civil society representatives. Further, the Mission worked with the Judicial Academy to pilot a training seminar on hate crimes for members of the judiciary.

Anti-LGBTI hate crime

The OSCE Mission to Serbia reported that the Ministry of Interior launched a project with Labris to train some 120 police officers on addressing hate crimes against LGBT communities.

Racist and xenophobic hate crime, Anti-Roma hate crime, Anti-LGBTI hate crime

In his report following the country visit to Serbia, the Commissioner for Human Rights of the Council of Europe praised the country’s efforts in the field of hate crime training for judicial officials and the adoption of the "Action Plan for the Improvement of Work and Co-operation of the Police with Representatives and Associations of Persons of Different Sexual Orientation." He expressed concern over the large number of hate crimes targeting Roma and Sinti, and noted the persistent violence against LGBT people.

KEY OBSERVATION

ODIHR observes that Serbia has not reported on hate crimes separately from cases of hate speech.