Press release by Attorney Miloš Janković Regarding the Latest Information from the Ministry of Interior of Stari Grad Related to the Attack on Vladimir Arsenijević, President of the KROKODIL Association

15 Jul Press release by Attorney Miloš Janković Regarding the Latest Information from the Ministry of Interior of Stari Grad Related to the Attack on Vladimir Arsenijević, President of the KROKODIL Association

As the legal representative of the author Vladimir Arsenijević, I consider it my professional and moral obligation to inform the public about the information received from the responding police officers, according to which two participants in the physical attack on my client have been identified and confessed to committing the act. However, according to the opinion of the duty prosecutor of the First Basic Public Prosecutor’s Office in Belgrade, there are no elements of a criminal offense in this incident, which is why no criminal proceedings will be initiated.

If such a decision has indeed been made, it represents a concerning message to the public, especially considering all the circumstances under which the attack was carried out – that Vladimir Arsenijević was physically assaulted by an organized group of about twenty individuals shortly before a scheduled commemorative gathering for the thirty-first anniversary of the genocide in Srebrenica, that his mobile phone was seized during this incident, and particularly that all of this occurred in the context of a years-long campaign targeting and endangering the safety of both him personally and the KROKODIL Association, which is well-known to state authorities.
According to the information conveyed to me, the police will file misdemeanor charges for violations under Article 9, paragraph 1 of the Law on Public Order and Peace against only two participants. However, this completely overlooks the fact that the attack was carried out by an organized group of about twenty people. Such an approach not only excludes the application of the stricter provisions of Article 3 of the Law on Public Order and Peace, which prescribes imprisonment for offenses committed in a group instead of a symbolic fine of 20,000 dinars, but it also ignores the concept of complicity under Article 23 of the Misdemeanor Law, which holds all individuals participating in the commission of an offense collectively responsible.

Even more concerning is the fact that a withdrawal from criminal proceedings also means giving up on the possibility of determining whether there are instigators, organizers, or a broader pattern of coordinated violence behind the attack. In this way, the state not only fails to protect a specific victim but also neglects to address a question of interest to society as a whole – who organizes and incites groups that have been committing violence against citizens in recent months due to their political views or public actions.

This is not just about Vladimir Arsenijević. In recent times, we have witnessed numerous attacks on civic activists, members of civil society, lawyers, journalists, and now, indeed, also on writers. The common denominator of these events is that the victims are individuals who publicly highlight undemocratic phenomena, abuses of institutions, corruption, and hate speech, while the perpetrators often act as informal, frequently masked groups, whose identity and potential organization are seldom fully uncovered.
Precisely for this reason, it is particularly troubling that state authorities appear to be attempting to reduce such cases to isolated incidents or offenses by individuals, rather than investigating their true nature and all circumstances under which they occurred. Such an approach inevitably leaves the impression of institutional tolerance towards politically motivated violence.

The physical and psychological pain endured by Vladimir Arsenijević undoubtedly constitutes a serious violation of his dignity and personal security. However, the societal danger arising from the absence of a timely, effective, and impartial response from state authorities far exceeds the consequences suffered by one victim. When institutions fail to establish the full responsibility of all participants, as well as any potential instigators and organizers, they send a message to the public that politically motivated violence may be tolerated, relativized, or reduced to a misdemeanour with symbolic consequences.

A state that does not protect the freedom of thought and physical integrity of its citizens opens the door for violence to become an acceptable means of dealing with dissenters. This is not just a problem for one writer. It is a problem of the rule of law and the safety of all citizens.

We expect the competent authorities to reconsider the decision regarding the absence of criminal prosecution, to establish the responsibility of all participants in the attack, and to investigate the existence of instigators and organizers.

It is unacceptable that in the proceedings, the responsibility of all individuals who participated in the group violence is not established, alongside the absence of all legally prescribed protective measures for the injured party, including protective measures to prohibit access.

Serbia must not become a society in which privileged groups determine the boundaries of free speech, and where institutions tolerate their actions with complete impunity. The rule of law exists only when the law applies equally to everyone – regardless of the political views of the victim or the identity of the perpetrators.

Miloš R. Janković, Attorney