No. 07-00-575/2016-02  Date: 27. 3. 2017.

OPINION

Opinion was issued in proceedings upon complaint filed by organization C.K.P.R. against Serbian Railways Company Belgrade. It was determined in course of proceedings that voluntary discrimination investigator G.A., citizen of I., who sought asylum in Republic of Serbia, unsuccessfully tried to buy train ticket at the Main Railway Station counter on 19 November 2016, for relation Belgrade-Šid. Shortly thereafter, situation testing controller bought the ticket for the same relation, at the same counter. It was furthermore determined that during the 2015, Serbian Railways Company Belgrade was restructured and new company for citizens railway transport “Serbia Train” Belgrade was constituted. In the statement of “Serbia Train” Belgrade it was not denied that the ticket was not sold to voluntary investigator because he was asylum seeker / migrant, but it stated that “it was possible” that “due to the situation that occurred in the field” (in Šid) employees at counter had “doubts” how to act and that they have made “eventual mistakes in their work”. Commissioner for the Protection of Equality determined that “Serbia Train” Belgrade did not provide any evidence that would prove that they have treated asylum seeker / migrant equally as other passengers and that there was no justified and legally based reason to refuse to sell him the ticket for relation Belgrade-Šid. Commissioner for the Protection of Equality issued an opinion that “Serbia Train” Belgrade committed the act of discrimination by refusing to sell the ticket to G.A., citizen of I., who sought asylum in Republic of Serbia, which is forbidden by Article 6. of the Law on Prohibition of Discrimination, related to Article 17. of the Law on Prohibition of Discrimination. For that reason, it was recommended to “Serbia Train” Belgrade to introduce all employees working on ticket sale with opinion and recommendation issued by Commissioner for the Protection of Equality, within 15 days starting form date of opinion and recommendation receiving, as well as to take care in future not to violate legal provisions about prohibition of discrimination within it’s regular business and activities.

Commissioner for the Protection of Equality

Brankica Janković

Complaint filed by C.K.P.R. against Railways Serbia because of discrimination on grounds of personal property migrant in area of services