Political scientist Filip Matić stated that in Bosnia and Herzegovina, under the Criminal Code, denying the Holocaust or glorifying the Nazi leader Adolf Hitler, Ustasha leader Ante Pavelić, or the Independent State of Croatia (NDH) is not considered a criminal offense — but saying that genocide did not occur in Srebrenica can result in criminal prosecution.
“This is Bosnia and Herzegovina and its institutions’ legal framework,” said Matić.
Matić noted that the decision by the Prosecutor’s Office of BiH not to pursue an investigation over the comment “Hitler was the best” on social media may be legally correct, but it is neither moral nor ethical.
“Likewise, under the law, glorifying Pavelić and the NDH — who committed horrific crimes precisely on this territory — is not a criminal offense,” he pointed out.
He explained that this clearly demonstrates a neglect of major historical truths and possibly an attempt to avoid confronting that entire period, while at the same time, greater importance is placed on investigating and prosecuting people who mention Srebrenica in ways that do not align with the narratives of foreigners and Bosniaks. “In such cases, it may be treated as a criminal offense, while all other crimes are deemed not significant enough,” Matić said.
He emphasized that, when it comes to freedom of speech and the boundaries of hate speech, various countries have different positions.
“This boundary is extremely difficult to define at the moment—especially now, when we are under the influence of a neoliberal centrist structure that is essentially very fascistic. It has excluded many things in the same manner as Nazism and fascism were excluded. That is, based on the notion that one must not discuss Hitler in any way,” Matić stated.
The Prosecutor’s Office of BiH received a report on June 9 containing a screenshot of the Facebook comment “Hitler was the best,” which described the statement as glorification of Nazism and an insult to the victims of the Nazi regime, as well as hate speech and public incitement to violence and intolerance, according to BIRN.
In its July 8 decision not to proceed with an investigation, the Prosecutor’s Office of BiH concluded that the statement “Hitler was the best” represents “an unsubstantiated and controversial personal opinion of an individual.”
The Office further stated that “the statement was not made in the context of hate speech or denial of genocide, crimes against humanity, or war crimes.”
Source: RTRS
