Queer Sarajevo Festival 2008

Queer Sarajevo Festival was the first public LGBTIQ event that gained attention of the media, political leaders and general public of BiH.[16] The organizers of Queer Sarajevo Festival were at the forefront receiving death threats during preliminary activities of the Festival.[17][18] The organizers, including their supporters, media partners and journalists received death threats weeks before the opening.[15] There were debates on the Festival and death threats online as well.[18] Homophobic posters were widely distributed and put in prominent places across Sarajevo,[8] calling for violence against the Festival participants and supporters, containing messages such as Death to faggots!.[19] Similar posters were exhibited in other municipalities as well.[19] Anti-Festival protests were announced at the Square of Alija Izetbegovic in Sarajevo, on the 24th of September 2008. Festival organizers had also received a threatening letter signed by the Union of war veterans of Sarajevo.[19] Amnesty International had already called upon the authorities of BiH to ensure protection for Festival organizers and the Festival itself, on the 18th of September 2008.[18] Organization Q documented all threats and handed over the material to the authorities, demanding the cases be processed.[17]

Staging Sarajevo Queer Festival during Ramadan month was used as an argument for different claims. It was said that such a festival was a direct attack on the religion of Islam, though it had been made clear that the Festival had no religious or anti-religious references and that it was a sole coincidence that the timing of the Festival overlaps with the month of Ramadan. Most notable print media using inflammatory rhetorics were Dnevni Avaz and SAFF. The cover page of the most read daily newspapers Dnevni Avaz, on the 28th of August 2008 featured a headline: "Who is trying to hoax Bosniaks with a gay gathering in Ramadan?" Some other headlines of Dnevni Avaz and SAFF were: "Gays in Sarajevo on Lejletu-l-kadr night!", "Dangerous fiddling with religious feelings of Bosniaks", "Homosexual Festival in holy Ramadan".[20] Alongside the print media, a video was published on YouTube platform, portraying scenes of decapitation of one of the Festival organizers Svetlana Durkovic, positing a direct threat to organizers of Sarajevo Queer Festival.[21] Calls for stoning, lynching and burning the Festival organizers and participants were published on online platforms.[18][19]

Among those who publicly propagated hatred against LGBTIQ persons were also the representatives of the official governing structured in BiH. Some of the politicians and religious leaders have made public statements that have contributed to spreading hatred and discrimination against LGBTIQ persons. Then Parliament member, Bakir Izetbegović has stated: I am not in the least pleased with the holding of the Queer Festival. This reminder of Sodom and Gomorrah on the day of the 27th night [of Ramadan], a noble night which Muslims look forward to – I am not at all pleased by that".[15] Izetbegović also said around the time of the Festival that, "They [LGBT people] have a right to their sexual orientation, or rather disorientation, but we will employ all moral means to fight the influence of homosexuality on youth... It’s something that will spread if you let it. It should be done between four walls...[2] The statement of mufti Seid Smajkic was that: "Freedom should not be used for promotion of that Western trash".[22] The statement of Municipality council of Stranka za BiH (The Party for Bosnia and Herzegovina) was: "Ramadan ambient was violated by Queer festival, especially in its final and the most meaningful part of the month when every man, relying on the tradition and the significance of the holy month, will not exert a real reaction."[7] Then member of the Federation of Bosnia and Herzegovina Parliament, Amila Alikadić-Husović deemed it inappropriate that "something like that" was being held in the month of Ramadan, adding, "[h]omosexuality is condemned by every religion. Who are we to approve of something that God forbids?"[2][19]

In total 19 charges have been filed to Police Departments of Centar and Novo Sarajevo in the period between September 4 and October 3, 2008.[19] According to the Official Gazette of BiH, in total three indictments have been made by the Prosecutor's Office. One indictee was sentenced to one year, while at the same time a ruling had been made that the sentence will enter into force if the indictee dos not commit another criminal offense in the following two years. Second indictee was acquitted of all charges, while the third indictee was sentenced to suspended 5-year jail sentence.[17]

Organization Q appealed to Constitutional court of BiH on the bases that authorities in charge failed to ensure adequate measures for protection of their rights guaranteed by the Constitutional court of BiH and European Convention for protection of Human Rights and Fundamental Freedoms, as well as inefficient investigation, i.e. identification and sanctioning of perpetrators.[29] According to the Official Gazette of BiH, disciplinary proceedings have been initiated against four police officers on November 17, 2008, due to reasonable doubt of a serious breach of official duties. Disciplinary committee found them responsible for the breach and sanctions were stated, while Police committee granted their appeals and freed them from responsibility.[17]

Six years after the appeal was filed, the Constitutional Court of BiH on September 25, 2014, at the 88th plenary session, partially adopted the appeal of the Q Association for the Promotion and Protection of Culture, Identity and Human Rights of Queer persons:[17][30]

The Constitutional Court concludes that there is a violation of the right to freedom of peaceful assembly referred to in Article II / 3.i) of the Constitution of Bosnia and Herzegovina and Article 11 of the European Convention where public authorities, in accordance with the positive obligation arising from this Article, have failed to take the necessary measures to ensure a peaceful gathering organized in accordance with the law, causing violence between the opposing sides and failing to provide a clear legal framework for preventing acts in preventing and deterring them from doing the same or similar acts.

— The Official Gazette of BiH

The Press Council in Bosnia and Herzegovina has received an appeal from Organization Q on 11 September 2008 related to the articles published in Dnevni avaz. The Complaints Commission of the Press Council of Bosnia and Herzegovina unanimously concluded that the newspaper Dnevni Avaz violated the Press Code based on the following articles: Article 1 - General Provisions, 3 - Incitement, 4 - Discrimination, 4a - Gender Equality and Respect of Individuality and 15 - Public Interest. The Appeals Commission of the Press Council in BiH has appealed to the editorial board of Dnevni avaz and other newspaper editions in BiH to take into account the democratic value of tolerance and coexistence in this geographical area and to contribute to raising the threshold of tolerance and mutual understanding, while respecting the professional provisions of the Press Code of BiH.[31]