No. 781-22



The opinion was issued in connection with the complaint of AA against BB, the owner of club “MB” in Smederevska Palanka, due to discrimination on the basis of belonging to the Roma national minority. On this occasion, the National Council of the Roma National Minority also addressed the Commissioner. In the complaint and in the supplement to the complaint, it was stated that the complainant tried to enter the club “MB” together with her son VV, but that the owner of the club BB did not allow them, and that on that occasion he insulted her, addressed her with curses and derogatory words related to their nationality by shouting: “I forbid all black people, gypsies, to come near my bar”, “I forbid gypsies to enter my bar, I don’t allow anyone to come near the bar, get out you stinky gypsies, I will trample you all…”. In the complaint, it was further stated that one of the young men pointed out that such behavior was discriminatory, to which BB reacted violently. On the occasion of this event, the complainant turned to the police, and as evidence with the complaint, she submitted statements, that is, official notes about the notification received from citizens that she and VV gave before the Smederevo Police Department. BB did not comment on the allegations in the complaint, although the complaint was duly delivered to him. Bearing in mind the above, when reaching an opinion in this case, it is important to apply the rule on the burden of proof from Article 45 of the Law on Prohibition of Discrimination, according to which, in the event that an act of discrimination is made probable, the burden of proof that the act did not result in a violation of the principle of equality, that is, the principle of equal rights and obligations, is borne by the one who is claimed to have committed discrimination. After the conducted procedure and presented evidence, the Commissioner issued the opinion that BB violated the provisions of Articles 6 and 12, in connection with Article 24 of the Law on Prohibition of Discrimination. BB was recommended to send a written apology to the complainant, as well as not to act in a discriminatory manner in the future and not to forbid members of the Roma national minority from entering the club.


Brankica Janković

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