In Serbia, the first final verdict was adopted, in which the motivation of hatred was considered a particularly aggravating circumstance when imposing a sentence. The first basic trial in Belgrade was made by the defendant after he discovered that the defendant was a year and a half threatened by murder and verbally and physically harassed the son of I. S. (36) only because he was homosexual.
Besides his son, the defendant harassed his wife in the same way because he "hid his son", he hid his sexual orientation from him.
By the decision of the court, Z. S. was sentenced to two offenses of domestic violence. Even though he was sentenced to eight or six months in prison for each job, the singular punishment was much milder. He was sentenced to a one-year suspended sentence that would not be committed if there was no further offense in the next three years. At the same time, it is forbidden for the son and his wife to approach distances of less than 100 meters but also to disturb them for one year from the date of the judgment.
Since the prosecutor and the defendant have waived the right to appeal immediately after the judgment has been pronounced, the judgment has become final.
In the judgment in which Politics had a preview, it was stated that Z. In October 2013, when he learned he was the son of homosexual orientation, he literally attacked I. S. He told him he would kill him and settle down if he was gay. On the same day, his wife, threatening to hide her, threatened to pay him for hiding her son.
– A moment later, Z. S. came out of the apartment, and on his return he threatened his son to kill him. The same, he says, will do the man who brought him to the apartment. Z. S. told his son that he must change or be killed, says the judgment of the first basic court.
The defendant did not stop verbal insults and threats. Only a week after the first incident he was in a state of silence, his son pulled out of the room where he watched the television and his mother screamed that she could not see the patient in her room.
– After calling her husband in the name of bogey and channel change, ZS ran to his son, tapped the TV on the floor and attacked him. As the mother of the wounded person stood between them, the defendant hit her face, causing the unfortunate woman to fall to the floor. He screamed that he would heal his son or take him to a prison where he was harshly raped. His wife accused him of having sex with her son, and then she threatened to kill both of them to put her in a fool and not to lose his roots in his judgment.
Threats and insults have become almost everyday, and on 4 December 2013 the defendant threatens to move his son to the Netherlands "where those suffering suffer." At the same time, her husband was insulted that she was mentally ill, "when she could protect herself …".
His father's most heartfelt attack on his son took place on April 13, 2015. Physical backup to I. S. and told him that "the unbelieving, terrible …" the accused took the fork, picked it up with the fridge and scratched it under her armpit.
– May 14, 2015 Zs wife invited her to help her with devastation in the bathroom of the family apartment. Instead of removing the disorder, the defendant called her cattle and screamed "How are you, I married you?" And then attacked her from behind and held her behind her neck and right hand over her elbow, "says the verdict.
First verdict on hate violence
The JUKOM Committee of Human Rights Lawyers (JUKOM), following the conviction of a lawsuit against the IB for domestic violence from hatred, reminded that in December 2012 the Criminal Code of the Republic of Serbia included Article 54 of the Criminal Code of the Republic of Serbia, which stated that the crime would be motivated by hatred on the grounds of race and religion, ethnic or ethnic origin, sex, sexual orientation or sexual identity of another person, which he or she deems to be a mandatory aggravating circumstance.
JUKOM representatives state that since then, no judgments have been taken into account, despite the numerous reports submitted by NGOs and individuals.
According to a survey conducted by organizations that advocate the rights of LGBT people, these people have 40% of the violence of their family members because of their sexual orientation.
– This judgment is therefore particularly important to protect the rights of LGBT people and members of other minority groups. We hope that this will affect the case law in such and similar cases – it was announced by JUKOM.