The Police Department and the Ministry of Internal Affairs must identify parents who abuse children or encourage them to commit crimes and misdemeanors, as was the case after the presidential election when a minor fired a gun.
In the opinion of the defender of human rights and freedoms, it is written that the authorities, i.e. the police and the prosecutor's office, did not take actions and measures to determine who made the video in which a minor can be seen firing four projectiles from a firearm, while shouting "Pade Milo", but nor who is the parent or guardian of that child.
They pointed out that a minor unknown person was allowed to use a firearm, which represents an abuse of parental rights and a violation of the best interests of children. The video in question was published on Twitter on April 5 this year, the owner of the account called on the authorities to react to the incident, and the video was later downloaded by some media.
The institution of the Protector emphasized that the police found out about that event from them and a case was formed, and they took a statement from the user of the social network on whose account the recording was published.
"The citizen pointed out that she has no information about the identity of the person who is the author of the video in question. Without engaging in further investigations, the police informed the competent state prosecutor's office, which declared that the citizen's actions did not have the elements of a criminal offense being prosecuted ex officio. Also, the Basic State Prosecutor's Office did not order the implementation of other activities by the police," the opinion reads.
In the institution of the Protector, they claim that, apart from taking a statement from the citizen, no other pre-investigative measures and actions were taken in order to identify the person who made and published the video, the child and the parent/guardian, which in their opinion was necessary.
"... Especially taking into account the fact that the citizen who downloaded and published the video wanted to point out the bad appearance, practice and abuse of the child, considering that this will contribute to the discovery and sanction of the person who allowed the child to use a firearm" , they pointed out.
The ombudsman noted that the police and the prosecutor's office should have played a more proactive role in that case, especially with the aim of protecting the rights and best interests of the child, as well as with the aim of ensuring a higher level of safety in society and respect for the law.
The Protector reminded that the Law on Weapons prescribes the acquisition, possession, carrying, collection and transfer, as well as the conditions for the production, testing and marking of firearms, repair and modification, trade and transport of weapons, the provision of sports and recreational shooting services and the training of citizens for proper use of firearms.
"Weapons and ammunition should be kept so that they are not accessible to a person who is not authorized to possess them, especially minors. Also, it is forbidden to give weapons to minors, except sporting weapons to people over 14 years old... We believe that all available measures and actions should have been taken to reveal the identity of the author of the video and the child, in order to protect the child from the irresponsible behavior of individuals and so that such and similar cases would not happen and children would not be abused," the opinion states.
Deputy protector Snezana Mijušković she pointed out that at the beginning of May 2023, after the crime in Serbia committed by a child with a firearm, the Police Administration called on citizens, without any legal consequences, to freely and voluntarily hand over firearms to the police, regardless of whether they own them in illegal or legal ownership and regardless of which category we are talking about.
The Protector recommended the Ministry and the Police Directorate to organize educational campaigns aimed at children about the dangers of using and handling firearms.
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