Belgrade Pride Parade and the Belgrade Centre for Human Rights welcome the ruling of the Constitutional Court of Serbia dated 18th April 2013 that, through banning Pride Parade 2011, the Republic of Serbia violated the constitutionally guaranteed rights to freedom of assembly, effective legal remedy, and legal protection.This ruling relates to the constitutional complaint that was lodged by the organisers of Belgrade Pride, who were represented in court by experts from the Belgrade Centre for Human Rights. In its ruling, besidesconcluding that the Ministry of Internal Affairs had violated the Constitution through banning Pride Parade, the Constitutional Court of Serbiafollowed the lead of the European Court of Human Rights in cases where Pride has been banned in other countries. The Court also awarded the petitioner, the ‘Pride Parade Belgrade’ association, €500 for immaterial damages. This is the second ruling by the Constitutional Court concerning the prohibition of Pride Parade. In December 2011, the Constitutional Court ruled that the banning of Pride Parade 2009 had also violated the Constitution and in its ruling concluded that the decision of the Ministry of Internal Affairs,ordering the organisers to switch the venue of Parade 2009, violated article 54 of the Serbian Constitution.The Belgrade Pride 2011 organising committee lodged a similar constitutional complaint after the prohibition of Pride 2012, and legal proceedings relating to each ban are still ongoingat the European Court of Human Rights.
Although the ruling by the Constitutional Court of Serbia is encouraging for all the citizens of Serbia, at every opportunity the police, prosecutor’s office and courts must show through their work that they are stronger than those who use violence and hate speech. Belgrade Pride 2013 will be a chance to fully affirm both of the Constitutional Court’s rulings, by ensuring complete freedom of assembly,as guaranteed by the Constitution, the European Convention on Human Rights, and other international conventions which Serbia has ratified.
For more information, contactGoranMiletić (063/250-433) or [email protected]
