Campaign against Ombudsman Saša Janković
Category: Elections, media and institutions
Period: 28 Sep 2014 – 20 Jul 2017
Outcome: Complaint dismissed or proceedings halted (as of 22 Sep 2015)
After Ombudsman Saša Janković launched an inquiry into the beating of Andrej Vučić, brother of the then prime minister, and of military police officers on the sidelines of the 2014 Pride Parade, MPs and ministers from the ruling coalition and pro-government media waged a campaign against him. The Ministry of Defence and the VBA refused the inquiry and did not implement any of his recommendations, and Minister Gašić and the VBA director, whose dismissal he had publicly recommended, were not removed. The prosecution dismissed Janković's complaints against two military police officers, and his successor Zoran Pašalić was re-elected in 2023 despite a legal ban on re-election, according to NGOs.
The beating and the ombudsman's inquiry
On the sidelines of the Pride Parade on 28 September 2014, gendarmes beat Andrej Vučić, brother of the then prime minister, the brother of the Mayor of Belgrade and two military police officers from the „Kobre“ unit who were with them.
Ombudsman Saša Janković launched an inquiry into the Interior Ministry, the Ministry of Defence and the Military Security Agency (VBA). The Ministry of Defence and the VBA refused to hand over documents to him, and in January 2015 the parliamentary committee overseeing the security services concluded that the VBA had not broken the law.
Campaign against the ombudsman
From January 2015, MPs and ministers of the ruling coalition and pro-government media waged a campaign against the ombudsman. After his annual report for 2014, SNS MPs demanded his resignation, and on 18 April 2015 Informer published a story about the 1993 suicide of a friend of Janković's with his pistol, claiming that Janković had no licence for the gun.
Janković showed that the pistol had been registered to him; the Interior Ministry released parts of the file from the suicide investigation, and Defence Minister Bratislav Gašić publicly called the case a murder. The UN Human Rights Office expressed concern, and European Commissioner Johannes Hahn voiced support for Janković.
Recommendations that were not implemented
In June 2015 Janković found failings by the Interior Ministry and the Ministry of Defence, and in September he publicly recommended the dismissal of Minister Gašić and VBA director Petar Cvetković. The Interior Ministry implemented the recommendations, the Ministry of Defence none of them; neither man was dismissed as a result.
The prosecution dismissed Janković's criminal complaints against two members of the Military Police. Seven gendarmes received final suspended sentences, and five of them were subsequently fired.
Resignation and a new ombudsman
Janković resigned in February 2017 and ran for president. In July 2017, parliament elected the ruling majority's candidate, Zoran Pašalić, as the new ombudsman.
In 2020, GANHRI deferred confirmation of the institution's “A” status for the first time, and Pašalić was re-elected in 2023 despite a legal ban on re-election, according to non-governmental organisations.
Participants
- Saša Janković: Protector of Citizens (Ombudsman) 2007–2017; after inspecting the Pride Parade case, the target of a campaign by ministers, SNS MPs and pro-government media (harmed)
- Bratislav Gašić: According to the Ombudsman, he used insults to force him to break off the inspection of the Military Security Agency, and in an open letter he called the suicide of the Ombudsman's friend a murder (responsible)
- Petar Cvetković: As director of the Military Security Agency he decided not to hand the Ombudsman the documents on the incident, and according to the Ombudsman the file on it was not handed to prosecutors either (responsible)
- Nebojša Stefanović: He announced that the police would not investigate because the absolute statute of limitations had expired, and he signed the dismissals of the convicted gendarmes (commented on the case)
- Vladimir Đukanović: According to NUNS and Human Rights House, he hurled numerous insults at the Ombudsman on a television programme, which they called a witch hunt (responsible)
- Aleksandar Vulin: According to NUNS and Human Rights House, he joined in the accusations and insults against the Ombudsman on Studio B, which they called a witch hunt (responsible)
- Zoran Babić: Head of the SNS parliamentary group; claimed that "only his salary separates" the Ombudsman "from opposition activity" (responsible)
- Aleksandar Vučić: He said he would let Janković do his job and that the decision on dismissing Gašić and Cvetković should be left to him, and after Janković announced his candidacy, that he had abused his office (commented on the case)
- Andrej Vučić: Brother of the prime minister; beaten by gendarmes on the sidelines of the 2014 Pride Parade; injured party in the case against the gendarmes (harmed)
- Marijan Rističević: Ruling majority MP; during the election of the new Ombudsman, said Janković had been "a protector of himself" (commented on the case)
- Zoran Pašalić: He called claims that the institution's status was at risk unprofessional; parliament re-elected him in 2023, even though, the organisations argue, the law had abolished re-election (commented on the case)
- Informer: It reported on its front page that Janković had no permit for the pistol his friend used to kill himself; according to Janković, the pistol was registered (responsible)
- TV Pink: According to Janković, it went on to spread the campaign over the claim that he had owned an illegal weapon, even though the pistol was registered to him (responsible)
- Serbian Progressive Party: According to the UN, its members put pressure on the ombudsman, and its MPs called the report a pamphlet and demanded his resignation (responsible)
- Ministry of Defence of the Republic of Serbia: It refused to provide the ombudsman with documentation on the incident and, according to him, did not implement any of his recommendations (responsible)
- Military Security Agency (VBA): It refused to provide the ombudsman with documentation, and according to his office it did not hand the file with statements about the incident to the prosecution either (responsible)
- Ministry of Internal Affairs of the Republic of Serbia: The police released parts of the file on the 1993 suicide, which Janković said intruded on the most intimate part of his private life (responsible)
- National Assembly of the Republic of Serbia: According to the ombudsman, for two years it neither considered his reports nor invited him, even though it is required to do so by law (responsible)
- Protector of Citizens (Ombudsman): It found failings by the Interior Ministry and the Defence Ministry and publicly recommended that Gašić and Cvetković be dismissed (oversight and the public)
- Office of the UN High Commissioner for Human Rights: It expressed concern about the pressure and the campaign in which he was called a “murderer” and an “arms smuggler” (oversight and the public)
- European Commission: Commissioner Hahn stressed full support for the ombudsman's work and respect for independent institutions (oversight and the public)
- Independent Journalists' Association of Serbia (NUNS): Together with the Human Rights House, it warned about insults from MPs and a minister and called it a witch-hunt (oversight and the public)
- Higher Court in Belgrade: It handed seven gendarmes final suspended sentences for abuse and torture (investigation and courts)
- A 11 – Initiative for Economic and Social Rights: Together with the BCHR, YUCOM and CRTA, she announced that GANHRI had deferred reaccreditation of the Ombudsman's “A” status (oversight and the public)
Sources