32 No. 59 JUSTICE court ruled that the man committed a misdemeanor under the Prevention of Disorder at Sports Competitions Act, because he carried in and displayed, at an organized sporting event, a symbol of the crimes committed against the Jewish people during World War II in Croatia, whose purpose is to glorify the Nazi regime and the policy of its actors, thus causing the feeling of intolerance towards the victims of such policy. The man was fined under the minimum prescribed by the law. The most infamous case of hate speech at an organized sporting event occurred in November 2013, when the former national football team member Josip Šimunić, after the Croatia-Iceland football match, led the spectators in chanting "Za dom spremni." Thus, the aforementioned person was actively, in "cooperation" with spectators, spreading a message of hate. For this act, Josip Šimunić was imposed the minimum prescribed fine in the amount of HRK 5,000 (approximately EUR 665) in a first-instance decision; after the State Attorney's office lodged an appeal, he was finally imposed the maximum prescribed fine for this type of misdemeanor in the amount of HRK 25,000 (approximately EUR 3,330). b. Manifestation of hate speech at organized public assemblies Public assemblies, for the purpose of the Public Assembly Act,11 refer to peaceful assemblies and public protests, public events and other types of organized gatherings. The purpose of the Public Assembly Act is to ensure public order and peace by regulating the behavior of all participants in public assemblies, including organizers and event hosts. Under the Act, freedom of speech and public expression is restricted by the prohibition of any calling for and incitement to war or to violence, national, racial or religious hatred or any form of intolerance. Thus, it is prohibited to wear uniforms, parts thereof, clothes, symbols and other markings that are calling for or inciting war or violence, national, racial or religious hatred or any form of intolerance. However, it is important to note that the Act only criminalizes passive manifestation of hate speech; any active manifestation of hate speech at organized public assemblies would fall under Misdemeanors against Public Order and Peace Act. The prescribed sanction for this misdemeanor consists of only a fine in an amount ranging from HRK 1,000 to HRK 3,000 (approximately EUR 133 to 400). The case-law indicates that perpetrators of this misdemeanor have most frequently been sanctioned for wearing uniforms, clothes, symbols and other markings at public gatherings that express antisemitic messages. Almost all cases are related to displaying the slogan "Za dom spremni!" and the symbol of the so called eared "U," also an infamous symbol of the Ustasha movement. For example, in 2013, two men, during the organized celebration of the Victory and Homeland Thanksgiving Day, wore t-shirts that read "Za dom spremni!" and "Crna legija - za dom spremni" (Black legion - For the Homeland Ready). Considering that they wore markings at an organized public event, that incite hatred and disturb the public order, they were sanctioned before a misdemeanor court. Although the amount of fines imposed on the perpetrators in this case remains unknown, it should be noted that, according to the High Misdemeanor Court data, the highest imposed fine for this type of misdemeanor amounted to HRK 700 (EUR 93), which is below the minimum fine prescribed by law. c. Manifestation of hate speech in other public places The Misdemeanors against Public Order and Peace Act12 is a lex generalis in relation to the two Acts described above. In fact, it is applied in all those cases when an individual disturbs the public order and peace by expressing unacceptable contents and when the Prevention of Disorder at Sports Competitions Act or the Public Assembly Act are not applicable. The purpose of this legislation is to prevent illegal disturbance of the peace, work or normal life of citizens, incitement of restlessness, gloominess, anxiety, or interference with the movement of citizens in the streets and other public places. According to this Act, hate speech refers to creating a feeling of "anxiety" of the public by: i) publicly performing and reproducing songs, compositions and texts that disturb public order and peace and ii) publicly wearing or displaying symbols, texts, images or drawings that disturb public order and peace. The perpetrator of the unlawful acts described above may be sanctioned by a fine up to DEM 300 (EUR 153) or by a prison sentence of up to 30 days. The case-law indicates that perpetrators of this misdemeanor have most frequently been sanctioned for disturbing the public order by publicly performing and reproducing songs and texts and by wearing and displaying antisemitic symbols. A case against the president of the Hrvatska čista stranka prava (Croatian Pure Party of Rights) attracted much public attention. It was established in misdemeanor proceedings that the said politician in 2014 organized a memorial service 11. Public Assembly Act (2012) of the Republic of Croatia (Official Gazette No.: 128/99, 150/05, 82/11 and 78/12). 12. Public Order and Peace Act (1994) of the Republic of Croatia (Official Gazette No.: 5/90, 30/90, 47/90 and 29/94).
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