Notice from the Legal Team of Iskorak and Kontra on the Attack at the Rainbow Party

To Whom It May Concern,

We inform you that last night (9 March 2006), in between 3:30 and 4 AM, a group of unknown assailants crashed a private party organized by the association Iskorak at Club Santos in Svetice bb, and brutally attacked those present.

According to the statements of eyewitnesses a group of several assailants (estimated from 4 to 8 persons) entered the facilities of Club Santos and firstly knocked down one individual to the ground hitting him/her with a glass bottle, to continue attacking other individuals in the minutes to follow. The assailants fled upon arrival of the police who managed to detain two of them. Even though a greater number of people were injured during the attack, a total of eight spoke to the police during the inquiry, of whom five were transported by ambulance to the clinical center Rebro for medical treatment. The assailants attacked those present with fists and legs, and also used glass bottles. They also caused significant material damage.

One of the perpetrators was positively identified through police processing, and the other is currently a suspect to being a member of the assailant group. The police are tracking down the rest of the perpetrators. Regarding the aforementioned events, Iskorak’s and Kontra’s Legal Team will file a charge for criminal violent behavior on Monday, March 6 of 2005. This will be done so due to the fact that the police and judicial authorities fail to adequately react to events such as this one and punish perpetrators because these kinds of behavior are treated as misdemeanors instead of as criminal actions.

Our associations have reported cases of violent behavior earlier as well. This way, we reaffirm the attack to the same-sex couple in Gajnice that took place in October 2005, committed by a group of juveniles and one adult. Even then, the police authorities failed to file criminal, but only filed misdemeanor charges. Given the fact that a criminal action of violent behavior is persecuted by manner of official engagement, the same was done by the Legal Team. We use this opportunity to remind that the Municipal State Attorney’s Office Zagreb undertook no actions to deliver a decision, not even waive the charges filed by us.
This is more so shameful because of the fact that in this particular case the perpetrators were identified.

We have always warned that such offences pose a grave social threat and that it is vital they are properly sanctioned. Therefore we have launched an initiative to have the expression “hate crime” recognized by the Croatian penal legislative system. Based on hitherto experience, we must conclude that the repressive system mechanisms for perpetrators of criminal actions directed to the detriment of homosexual individuals are not functional in the least. The only case where a prompt reaction followed was when threatening messages were being sent from the official server of the Ministry of Defense of the Republic of Croatia (MORH), while in all other cases no individuals were prosecuted criminally.

In accordance to that said, we are deeply appalled over the inefficiency of the existing system that harshly violates basic human rights and the right to live in a secure environment. The Resolution on Homophobia in Europe, adopted in January of this year, clearly states that member countries must effectively sanction crimes committed on the grounds of sexual orientation of the victim. Sadly so, we must express our belief that Croatia will undoubtedly be one of those member countries that will fervently encourage the European Parliament to adopt even more strict regulations, based only on Croatian failures. It is shameful that Croatia is even negotiating membership to the European Union while unable to adequately sanction criminal actions committed to the detriment of Croatian citizens. Examples of such attacks are not attributed only to the guilt of the perpetrator. Hate talk in public appearances is not judged, but meets open or silent approval. Such statements are readily broadcasted by media, and used as guidance by potential perpetrators. They are also guided by the belief that they will meet no punishment; therefore the fundamental responsibility should be sought at the state level – the legislative and executive branches of government.

Due to the aforementioned we demand the following:

1. The police authorities must conduct an investigation and identify the perpetrators, and file criminal charges against them.
2. The Municipal State Attorney’s Office in Zagreb must deliver a decision as soon as possible about the item of the attack on the same-sex couple that occurred in October of last year.
3. The State Attorney’s Office of the Republic of Croatia must issue instructions to all deputies of the State Attorney’s Office of the Republic of Croatia to identify and record cases of violence committed out of hate on any grounds and pay special attention to determining sanctions for the perpetrators.
4. The Government of the Republic of Croatia must reconsider our proposals on the addendums to the Penal Law in order to recognize hate crimes.

*We will inform the Office for Democratic Institutions and Human Rights of the OSCE dealing with issues of hate crimes next week and, once again, this time with practice examples, warn that the assessment of Croatia as a country with a satisfactory legislative system regarding hate crime are unfounded. The same will be informed to the European Commission and other relevant human rights protection institutions.

This notice is also directed to the Office of the President of the Republic of Croatia and the Cabinet of the Prime Minister.*