Civic initiatives are warning the public about the dangerous proposal to amend the Criminal Code by which the regime tries to criminalize protests – any roadblock is declared a criminal offense, punishable by up to one year in prison. With this move, the government does not protect the safety of the citizens, but sends them a message that any attempt at rebellion and resistance will be punished by imprisonment.
The draft amendments to the Criminal Code, on which the public discussion lasts until October 1, also provides for the amendment of Article 290. Until now, this article provided for criminal responsibility if “by placing obstacles on traffic roads, stopping a means of transport in railway traffic contrary to regulations, public traffic is endangered” so that “it endangers the life or body of people or large-scale property“. The proposed changes delete that condition and introduce a prison sentence of up to one year for anyone who “places obstacles on roads and stops vehicles in traffic contrary to regulations.” This means that any protest blockade of any street will be able to be treated as a criminal offense – even when there is no real danger.
This is a serious and dangerous precedent: the government is creating a legal basis for dealing with students and citizens who have been peacefully protesting for almost a year, and whose blockades have become a symbol of the fight for responsibility and justice after the fall of the canopy in Novi Sad, when 16 people lost their lives. Instead of holding those responsible for systemic failures and the violence that followed in response to the protests to account, the regime is changing the law to punish those who demand accountability.
It is equally dangerous that such a change will further encourage all those who drive their vehicles into protest rallies and trample the participants of the blockades – because the citizens on the street are declared criminals in advance. Instead of the state protecting the right to peaceful assembly, it sends the message by law that violence against the participants of the blockades is justified.
This is the essence of this amendment to the Criminal Code: repression instead of responsibility, fear instead of justice.
The criminalization of blockades is not only political retaliation, but also a gross violation of the Constitution of the Republic of Serbia, which guarantees freedom of assembly in Article 54, as well as the European Convention on Human Rights, Article 11 of which protects the right to peaceful assembly. No law can override the basic right of citizens to express their dissatisfaction and demand justice.
Although the authorities justify these changes by leveling the severity of the specific case, the proponent also states that the changes are made due to the “need of practice”. This is proof that the changes to the Criminal Code are being made to suppress the legitimate right to freedom of assembly.
We request the Ministry of Justice to withdraw the amendment proposal. Serbia must not become a country where the right to protest is prohibited by law. Citizens who protest peacefully and demand justice are not criminals – it is criminal to use laws to suppress the voice of the people.
