GONG: Law on Public Gathering is Absurd

14 July 2006

Tonka Rakusic, 60-year old citizen of Zagreb, was arrested yesterday while standing peacefully in the St. Mark�s Square in Zagreb, holding a banner that declared �I am a victim of judicial and police crime�. The Law on Public Gathering prohibits all forms of public gathering within 100-meter circle around the buildings of the Croatian Sabor, the President of the Republic, the Government and Constitutional Court. GONG association strongly protested the arrest.

They believe at GONG that Ms. Rakusic�s rights were seriously violated, both by applied force and the illegal detention of over five hours, although her �excess� can�t be listed as protest or public gathering. Namely, the Law defines public protest and gathering as organized gathering of at least 20 people. The Law prescribes fines for the organizer of the gathering, had he or she organized the protest in a place where such actions are prohibited.

However, in this case, none of the requirements which need to be fulfilled to detain Rakusic on charges of organization of protests were met. Such actions make the general public suspicious of the authorities� commitment to basic human rights and freedoms guaranteed by the Constitution, such as freedom of speech and expression and the right to public gathering and peaceful protest.

Ms. Rakusic was ultimately freed of the misdemeanor charges, but the fact remains that the procedure was already started and all measures for her detainment were put in action. Therefore, believes GONG, this event deserves greater interest of the public, in order to prevent similar actions of state institutions against individuals from taking place in the future. Also, says the organization, the legislative branch should reconsider possible changes in the Law.

�We believe that the Ministry of Interior should immediately issue a public apology to Ms. Rakusic. At the same time, we emphasize again that the Law on Public Gathering is an absurd text that may lead to a situation in which every citizen wearing a t-shirt with a logo or slogan on St. Mark�s Square may be considered protester. We call upon the Sabor to adopt changes in the Law to provide for the citizens the opportunity to invoke their freedom of speech and the right to public gathering on St. Mark�s Square�, concludes GONG public statement.