During the March there were numerous insults, spitting and homophobic comments and provocations made by gathered citizens. Police reacted to some of these incidents. When the March arrived at the main city square, Trg bana Jelačića, and came to a stop there, we noticed something happening and police intervention. Later on it was announced that a group of younger people, minors among them, attempted to throw Molotov cocktails and tear gas at the participants. There is photo documentation that at least one of explosive bottles was already lit. Police took in the attacker and held him but charged only with misdemeanor. It was only after that that State Attorney's Office initiated criminal procedure against Josip Šitum. This is the first time that someone is being charged with hate crime, provision that was introduced to the Criminal Code in 2006.
Zagrep Pride has written a follow up on Zagreb Pride 2007 incidents that occurred on July 7th and the following days. More than 20 marchers had been the target of homophobic attacks around 10 people were hurt, with two needing medical treatment. Police arrested 13 people on a Pride day; five of them were carrying Molotov cocktails. Only one person got charged. The judgment of first degree was brought out on Monday, 25 February 2008. The ruling is the first ever for a hate crime based on sexual orientation.
Josip Šitum, aged 25, was sentenced by a first instance court to 14 months in prison and 14 months in mandatory psychiatric therapy for attempted assault with Molotov cocktails aimed at the Zagreb Pride parade in Zagreb's central square. The court decided to keep Šitum in custody, where he has been for about eight months, until his ruling is finalized.
The Municipal Criminal Court in Zagreb found Šitum guilty because he carried six Molotov cocktails to the central town square in July of last year and lit the fuses on two, but backed down from assaulting the participants of the Zagreb Pride 2007 parade after police intervention.
The accused claimed to have backed down from the assault on his own, but the court did not believe him and concluded that he committed the criminal offence due to intolerance towards homosexuals. Šitum himself told the investigative judge that he is a Catholic and a believer and that he is troubled by events such as Gay Prides and wanted to raise awareness about this problem. He was faced up to eight years in prison, but diminished capacity and his confession to virtually all the circumstances of the crime were found as mitigating circumstances.
Zagreb Pride expressed satisfaction with the ruling that we consider is appropriate. It should give the public a clear warning that hate conditioned by homophobia will no longer be tolerated and go unpunished. Zagreb Pride is convinced that the ruling is a great turning point for the entire community of lesbian, gay, bisexual, transgender, intersex and queer persons and our position in society because it is the first ruling for a crime conditioned by hate based on sexual orientation.
Hate crime was introduced to Croatian penal law in 2006, and deals with every criminal offence committed on the basis of someone's race, skin color, gender, sexual orientation, language, religion, political or other belief, national or social background, property, birth, education, social position, age, health status or other characteristics.
However, there Pride expressd deep disappointment with Zagreb's police for failing to file criminal charges for all the other attacks that happened simultaneously with Šitum's and in the next few days in which, according to our findings, 30 people, citizens of the Netherlands, Sweden, Bosnia and Herzegovina, Switzerland and Slovenia, among others, were attacked.
On Wednesday, 27 February 2008 the State Attorney's Office stated that they are displeased with the prison duration of the sentence and have asked that it be increased.
In August 2007 Croatian President Stjepan Mesic made formal statement condemning the violence, but Prime Minister Ivo Sanader has never done so.
