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09 Jul FIRST ACQUITTAL FOR KROKODIL ACTIVISTS AND EMPLOYEES WHO PAINTED OVER GRAFFITI IN MITIĆ’S HOLE!
Today marks a day of our first small victory and an absolute precedent! We have won the first battle against the misdemeanor prosecution of KROKODIL activists and employees. A huge thank you to our lawyer Miloš Janković, who has fully dedicated himself to our fight!
By the first-instance judgment of the Magistrates Court in Belgrade, our colleague Milan Adnađ has been acquitted of the responsibility of committing a misdemeanor by repainting the graffiti letters in Mitić’s Hole in February 2023. Numerous arguments we persistently repeated during hearings and wrote in submissions to the Court, prevailed. Among other things, we managed to question the legality of the misdemeanor charges sent by mail to all activists who received summonses related to the gathering on the same day. Most importantly, we succeeded in overturning the previously adopted rigid and entirely unlawful stance of the Magistrates Court judges that any painting on a façade constitutes a violation of the Decision on Communal Order in Belgrade. We demonstrated that repainting the damage (graffiti letters) on the white wall of the façade with white paint is not a violation, as it does not alter the facade’s original appearance. It will be interesting to see how other judges will rule in the remaining cases where we presented the same arguments related to the same event.
This ruling shows that establishing our SLAPP BACK Fund was meaningful and that activism should not cease out of fear of retaliation through institutional persecution. When such persecution occurs, it should be opposed with all available legal means.
Finally, the costs of the proceedings will be paid by the court, so (if the Communal Police do not appeal), we can expect additional funds to flow into our Fund. And that directly from the Budget of Serbia.
We move forward! Let’s defend our civil rights and create a democratic society!
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