No. 07-00-288/2025-02   Date: 3.7.2025.

OPINION

The Opinion was issued in proceedings conducted following a complaint submitted by a citizens’ association against the Head of the Police Directorate, on the grounds of discrimination based on national affiliation. The complaint stated, inter alia, that the Head of the Police Directorate made an inappropriate statement that was broadcast live on the television program Daily News on Nova TV on 28 March 2025, in which he unnecessarily disclosed information regarding the Roma national affiliation of the perpetrator of an attack on four young men. It was explained that framing the attack in connection with ethnic affiliation may have serious consequences for the safety of Roma, particularly in the context of the current socio-political crisis, as it creates a false perception that ethnic affiliation is a key factor in criminal behavior. In his statement, the Head of the Police Directorate confirmed that he had mentioned the Roma national affiliation of the participants in the incident, but stated that he did so in the context of recounting the statement of one of the participants. During the proceedings, it was established that, in the specific case, the national affiliation of the attacker of the young men in Novi Sad was in no way related to the committed act, nor did the disclosure of this information contribute to a better understanding of the event, for which reason there was no justification for mentioning national affiliation at all. It is undisputed from the statement that the Head of the Police Directorate did not intend to discriminate against the Roma community, however, intent is not a constitutive element of discrimination, and he, as a professional, ought to have known that such information was irrelevant to understanding the act and could incite intolerance toward Roma and reinforce negative stereotypes. Therefore, it is of particular importance that, when disseminating information, due care is taken to do so in a manner that respects everyone’s dignity and right to non-discrimination. The Commissioner for the Protection of Equality issued the opinion that, by stating the national affiliation of the participants in the incident in Novi Sad on 28 March 2025, the Head of the Police Directorate violated the provisions of Article 12, in conjunction with Article 24, of the Law on the Prohibition of Discrimination. A recommendation was issued to the Head of the Police Directorate that, in the future, when informing the public about a criminal or other unlawful act, he refrain from disclosing information on the national, religious, ethnic, racial, or other affiliation of persons suspected of having committed such an act or convicted thereof, unless such a characteristic is relevant to the proper understanding of the event.

COMMISSIONER FOR THE PROTECTION OF EQUALITY

Brankica Janković