Appeal of the academic community of Serbia regarding the escalation of repressive measures against participants in peaceful protests

Objavljeno: 20/03/2025

To:
European Parliament
Human Rights Watch
Amnesty International


Dear Sir/Madam,

We address you as members of the academic community with deep concern over the escalation of repressive measures against participants in peaceful protests that have been ongoing for four months. From the very beginning, students and citizens have been subjected to state repression, which culminated during a mass protest on March 15 in a moment of commemorative silence for 15 deceased fellow citizens. At that moment, an unidentified sound/shock wave emitting device was used as a coercive measure against peaceful demonstrators without prior warning. The incoming sound and pressure from an unknown source caused panic and injuries. This act represents a blatant violation of the Police Law of the Republic of Serbia (Article 106). Furthermore, attempts to intimidate witnesses are deeply concerning, with threats that sharing information about the incident would be treated as inciting panic and disorder under Article 343 of the Serbian Criminal Code, thereby further undermining fundamental rights and freedoms.

Numerous citizens sought medical assistance after the protest, while some individuals with chronic illnesses were in life-threatening conditions. The use of means intended to induce panic and stampedes severely violates fundamental human rights, including the right to life. Given the high number of injured individuals and the involvement of officials in high positions, this incident requires an urgent response.

We urge you to investigate the events of March 15 and explicitly highlight the human rights violations to protect students and all citizens. Additionally, we call on the United Nations special rapporteurs, the Council of Europe, and the European Commission to take a clear stance against the use of such repressive methods against peaceful demonstrators and to take concrete steps in line with the values they represent. In particular, we emphasize the relevance of the Constitution and laws of Serbia, as well as Chapters 23 and 24 of the European Commission’s accession negotiations, which relate to the judiciary, fundamental rights, freedoms, and the rule of law.

This is a crucial moment for action. The universities to which we belong have always been places of free thought and academic values, and it is their responsibility to defend those who peacefully express their dissent against repressive measures.

Sincerely,
Professors, scientists, and university staff assembled in the initiative Pobunjeni Univerzitet / University in Rebellion


Addition to the Letter

We invoke the European Convention on Human Rights, emphasizing the fundamental principle that law enforcement authorities must not presume that crowds will be violent or that disorder is inevitable.
  • Article 14 – Prohibition of discrimination: The rights and freedoms outlined in this Convention must be guaranteed without discrimination on any grounds, including political or other opinion. In this case, discrimination is evident in the differential treatment of peaceful protesters who were subjected to the alleged use of a long-range acoustic device—an action not prescribed under Article 106 of the Police Law—without prior warning, while others in Pionir Park were safeguarded by police forces. As established in D.H. and Others v. Czech Republic (judgment of 13 November 2007, paragraph 175), discrimination occurs when individuals in similar situations are treated differently without an objective and reasonable justification.
  • Article 11 – Freedom of assembly: 1) Everyone has the right to freedom of peaceful assembly and association with others. 2) Restrictions on these rights may only be imposed if they are prescribed by law and necessary in a democratic society in the interest of national security, public safety, or the prevention of disorder or crime.
  • Article 3 – Prohibition of torture: No one shall be subjected to torture or to inhuman or degrading treatment or punishment, including exposure to excessive and physically damaging sound. This article allows for no exceptions or derogations. As affirmed in Gäfgen v. Germany (judgment of 1 June 2010, paragraph 107), "the absolute nature of the right under Article 3 does not allow any exceptions or justifying factors or balancing of interest, irrespective of the conduct of the person concerned." Furthermore, credible allegations of excessive force by state agents must be subject to an effective investigation.


Ciljne grupe: #međunarodne organizacije i tela