E/CN.4/1999/15
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accompanied by coercion, abuse or threat to safety by exposure of national
ethnic or religious symbols to ridicule, damage to other persons' property or
desecration of monuments, memorials or graves, punishment consists of
imprisonment from 1 to 10 years.
70.
The most severe forms of incitement to national, racial and religious
hatred, enmity or intolerance are those involving abuse of authority, and are
punishable by imprisonment from one to eight years; should such acts cause
riots, violence or other grave consequences for the joint life of nations and
national minorities living in the Federal Republic of Yugoslavia, they are
punishable by imprisonment from 1 to 10 years. The said criminal offences may
be:
(a)
Violation of fundamental human rights and freedoms recognized by
the international community on the basis of race, skin colour, nationality or
ethnic origin, which is punishable by imprisonment for six months to five
years;
(b)
Persecution of organizations or individuals for advocating
equality among men, which is punishable by imprisonment for six months to five
years or
(c)
Spreading ideas based on the superiority of one race over another,
advocating racial hatred or instigating racial discrimination, which are
punishable by imprisonment for three months to three years.
71.
The Penal Code of the Republic of Serbia (art. 100) and the Penal Code
of the Republic of Montenegro (art. 83) stipulate that any act publicly
exposing a nation, national minority or ethnic group in Yugoslavia to ridicule
is punishable by up to three years’ imprisonment.
2.
Racial Discrimination
72.
The criminal offence of racial and other forms of discrimination (Penal
Code of Yugoslavia, art. 54), involving a violation, on the basis of race,
skin colour, nationality or ethnic origin, of the fundamental human rights and
freedoms recognized by the international community, is punishable by six
months to five years’ imprisonment. The same penalty is prescribed for cases
of persecution of organizations or individuals advocating equality among men;
spreading ideas based on the superiority of one race over another, advocating
racial hatred or instigating racial discrimination are punishable by three
months’ to three years’ imprisonment. Under the Penal Code of Yugoslavia and
of the member republics, violation of the equality of citizens is considered
to be a criminal offence. The acts characterized as offences under the three
Codes are identical, the only difference being the capacity of the
perpetrator.
3.
Language in spoken and written form
73.
The Constitution of Yugoslavia guarantees members of national minorities
the following rights: right to preservation and to official use of their
mother tongue in spoken and written form; right to use their mother tongue in
spoken and written form and right to an interpreter’s services in court