Three environmental human rights defenders sentenced to prison hours after their arrest

On 11 August 2024, the Misdemeanor Court in Belgrade sentenced three environmental human rights defenders — Ivan Bijelić, Nikola Ristić, and Jevđenij Julijan Dimitrijević — to between 40 and 30 days in prison, respectively, for allegedly disrupting public order and peace through “rude and reckless behavior”. They were arrested when the police dispersed a group of peaceful protesters at Prokop station, in Belgrade, who had blocked the area to protest lithium mining in Serbia. The three environmental human rights defenders were released on 13 August from prison after the court of appeal overturned the decision and ordered a retrial.

Ivan Bijelić is an environmental human rights defender and a freelance journalist. He is an active member of the environmental initiative Marš sa Drine, an anti-lithium mining movement supporting local communities working to protect their land against lithium and borate mining. In 2023 together with Nikola Ristić, they founded the youth organization SviĆe for democracy and justice in Serbia. They use non-violent civic disobedience actions to raise awareness to matters of public concern such as free and fair elections, corruption and environmental issues. Ivan Bijelić received the “Green Planet” award in 2023 for his contribution to environmental protection.

Nikola Ristić is an environmental and civil rights defender. He is the co-founder of Sviće youth movement. Nikola Ristić has been a target of pro-government and tabloid media for speaking out on corruption and environmental issues. Nikola Ristić is a member of the Youth Council of of Serbia, which is an independent umbrella organization of more than hundred youth organizations in the country.

Jevđenij Julijan Dimitrijević is an environmental rights defender from Čačak. He is a member of the Ne Damo Jadar, a grassroots movement which aims to protect Jadar valley and its people from the harm that the lithium mining is projected to cause. As an outspoken protector of the environment and a regular participant of the protests against the destruction of the environment, he has faced smear campaigns through the media several times.

On 11 August, the Misdemeanor Court sentenced the three human rights defenders under Article 8, para. 1 and para. 2 of Serbia’s Public Order and Peace Act for allegedly disturbing public order by obstructing a journalist, with one of the defenders, Ivan Bijelić, accused of shoving a sandwich into the journalist’s mouth.

On 10 August 2024, tens of thousands of peaceful protesters, including environmental rights defenders, participated in a peaceful protest in Belgrade, organized by ecological associations against the proposed lithium mining in the Jadar district. The protest was a response to a July ruling by the Constitutional Court, which overturned a governmental decree that had previously halted the Rio Tinto project due to pollution concerns. Despite calls for legislation banning lithium and boron mining due to the adverse environmental and health affects, the government ignored these requests.

The protest began on 10t August 2023, 19:00PM, in the Terazije district with chants, rallies, and speeches from many of the participants. Around midnight, some protesters blockaded Belgrade’s major train stations in an act of civil disobedience. Although police were present at the train stations throughout the blockade, they did not interfere with protesters at any point. The following morning, additional police forces arrived, escorting the peaceful protesters out of the stations without any incident. Environmental human rights defenders Ivan Bijelić, Nikola Ristić and Jevđenij Julijan Dimitrijević were arrested and later that evening that were charged with disrupting public order based on an altercation with a journalist around 02:00AM on 11 August.

On 11 August 2024, the Misdeameanor Court heard statements from the three human rights defenders. The human rights defenders rejected accusations that they had shouted at the journalist concerned in the case who had reportedly been taunting the protesters. While denying that he had should at the journalist, Ivan Bijelić explained to the Court how the journalist grabbed a sandwich he was holding at the time and smeared it on his face. He then responded by pushing the sandwich towards her which can be seen on video footage available. Nikola Ristić told the Court that he was on duty as a steward during the incident and positioned himself between the journalist and the peaceful protesters to avoid confrontations. Jevđenij Julijan Dimitrijević also told the Court he was on duty as a steward on the day but had maintained a reasonable distance from the incident. The judge heard a single witness testimony from a police officer on duty during the incident while refusing to listen the two witnesses requested by defence saying the defense did not secure their presence on the day of the hearing. The judge dismissed the environmental human rights defenders' testimonies as “baseless” and “pre-calculated,” without reviewing video footage that contradicted the court’s claims.

The court sentenced Ivan Bijelić to 40 days in prison and Nikola Ristić and Jevđenij Julijan Dimitrijević to 30 days each, citing Article 8 of the Law on Public Order and Peace. Additionally, Article 308 of the Law on Misdemeanour was invoked to justify the immediate enforcement of the sentences, citing “beyond reasonable suspicion" that the individuals might repeat their offenses. The human rights defenders’ defense lawyer promptly appealed within 24 hours.

On 13 August 2024, the Court of Appeal overturned the ruling and ordered a retrial, leading to the release of the three environmental human rights defenders.

Front Line Defenders expresses its concern at the sentencing, but welcomes the Court of Appeal's decision to overturn the ruling and order a retrial. Front Line Defenders also expresses concern that Jevđenij Julijan Dimitrijević's arrest appears to ensure the application of Article 8, para. 2, which permits imprisonment for offenses committed by a group of three or more.

Front Line Defenders calls on Serbian authorities to:

1. Drop all charges against the three environmental human rights defenders;
2. Ensure that all human rights defenders arrested after the 10 August protests are tried in accordance with international fair trial standards;
3. Guarantee that all human rights defenders in Serbia can conduct their activities without fear of reprisals or restrictions.