STATEMENT – PROSECUTION FOR PUBLIC ASSEMBLY AT ST. MARK'S SQUARE

On July 12th 2005 Croatian Parliament adopted the Changes to Public Assembly Act. The newly amended Act proscribes prohibition of public assembly in the area of 100 meters from the headquarters of the Croatian Parliament, President of the Republic of Croatia and the Government. This prohibition is applicable to any form of public gathering.
On 23rd November 2005 the Constitutional Court of the Republic of Croatia abolished this Act, since it was not adopted by the required majority of votes of members of the Parliament. However, the Court did not take position on the conformity of the content of the Act with the Constitution. It just ruled that the proceedure of adoption of the Act was not in conformity with the Constitution. The Therefore, on December 9th 2005 the Croatian Parliament adopted the new Changes to Public Assembly Act with the came content as the previous act, but this time following constitutional determinants of procedure.
Anyone that aproaches the area of 100 meters from the buildings of the Croatian Parliament, President of the Republic of Croatia and the Government, reagardles of the purpose and the method of the public assembly or number of partocipants, or anyone that wishes to forward some request , shall be punished with a fine of 5000,00-20 000,00 kn (675- 2700 EUR).
On April 29th 2007 representatives of associations Iskorak and Kontra were handing out flyers to memebers of the Parliament within the national campaign „We are not homophobic, but...“ with the aim of promoting human rights of same-sex couples. Police officer at the place of event took personal data of the representatives of associations and then ordered them to leave the area in front of the Croatian Parliament, what they refused. After a while he left and the representatives of associations continued the action peacefully and then also left. On May 7th 2007, 1st Police Preecingt Zagreb initiated misdemeanor proceedings against representatives of associations for violation of Article 11 of the Public Assembly Act.
Numerous international documents signed and ratified by Croatia, protect freedom of assembly. Article 11 of the European Convention on Human Rights and Fundamental Freedoms guarantees the freedom of assembly. It is possible to limit this right only by law and only if such limitation in is neccesary democratic society, among other things, for protection of the national security. The legislator had the intention of ensuring protection of national security by limiting the right to freedom of assembly, but the measure that was chosen is not in concordance with the principles of permissibility of limitation of fundamental human rights, proscribed by national legislation and international documents.
While members of the European Union build and promote fundamental principles on status of non-governmental organisations in Europe, emphesasing that those organizations give significant contribution to development, realization and suistanbility of democratic societies, our government treats them as terorist organizations and State enemies.
At the time when Croatia is joinig the European Union it is unacceptable that it's citizens can not gather at St. Mark's Square to express their opinion towards politics implemented by the representatives elected by those same citizents at the parliamentary elections. Expression of opinions can be condemning for this kind of politics, but also neutral or supporting, and it is ridiculous to treat expression of opinion by citizens and non-governmental organizations as terorist act against the State Authority.
Therefore, we demand from the future State institutions, which are to be established in the near future, to put into proceedure the new Changes to Public Assembly Act and to abolish prohibition of public assembly at St. Mark's Square.

Signed by:

Lesbian Group Kontra
Iskorak- Centar for Rights of Sexual and Gender Minorities
Women's Network of Croatia (40 CSOs)
Center for Peace Studies
Green Action
GONG
Zagreb Pride