E/CN.4/2005/61/Add.1
Page 64
Religious Communities and Religious Groups, not only as a representative of a religious
community which is not legally registered on the territory of the State, but also in
organizing religious services in facilities that are not intended for that purpose, i.e. in a
private apartment, by which he caused the dissatisfaction of citizens and offended their
religious sentiments. According to article 6 of the Law on Religious Communities and
Religious Groups: “religious gatherings, religious ceremonies, religious printed media
and religious instruction and other types of expression of the faith may not be used for
political purposes, for instigation of religious, national or other intolerance or for other
purposes prohibited by law.”
248. According to article 8, paragraph 2, of the Law, “Only one religious
community may be established for one faith." Article 18 provides that, “Religious
ceremonies and religious activities referred to in paragraph 1 of this Article may not
violate the public peace and order and the religious freedoms and rights of citizens
who do not belong to the religious community i.e. religious group.” According to the
Criminal Code of the Republic of Macedonia, as well as the laws regulating
misdemeanours, priests are not exempt from liability, i.e. they are treated like all
other citizens of the Republic of Macedonia if they commit a crime.
249. The Internal Affairs Department of Bitola submitted request No. 4416/03,
dated 20 July 2003, to the Bitola First Instance Court for the institution of
misdemeanour charges against and the detention of Zoran Vraniskovski for the
misdemeanours under the relevant articles of the Law against Violations of Public
Peace and Order. The request for the institution of misdemeanour charges also
concerned four other persons. The Bitola First Instance Court heard the suspects and
the proposed witnesses after which, in decision PRK No. 4703 dated 21 July 2003,
the court decided to institute misdemeanour charges on the reasonable suspicion that
on 20 July 2003 at 9 p.m., Zoran Vraniskovski went to St. Dimitrija Church in Bitola
accompanied by his relatives to perform a religious ceremony - baptizing his nephew.
After being told by the priest, Dirna Tanevski, that he could not perform religious
ceremonies since he was no longer a priest, Vraniskovski and his relatives began to
shout and display improper behaviour, violating the public peace and order, by which
they committed an offence under article 4 of the Law against Violations of the
Public Peace and Order. Employees of the Konzul security agency were called and
since Vraniskovski refused to leave the church, police intervention was requested.
Police officers immediately arrived and were prevented from performing their duties
by Vraniskovski and the other persons who pushed them and refused to obey their
order to leave the premises. At the Bitola Internal Affairs Department they offended
and insulted the officers, by which they committed an offence under article 15,
paragraphs 1,2 and 4, and article 16 of the Law against Violations of the Public Peace
and Order. Vraniskovski, two persons from Bitola and two persons from Stii were
detained at the Bitola lnternal Affairs Department, while after the complete
documentation of the case, misdemeanour charges were instituted. Zoran
Vraniskovski was ordered detained for five days, starting on 20 July 2003 at 7 p.m.
for purposes, as the court explained, of securing the presence of the suspect in the
course of the procedure and its successful completion. In this respect, the Government
underlined the fact that the penal provisions of the Macedonian legislation do not
envisage the measure of solitary confinement that is mentioned in the letter of the