Selaković in court – from courage to immunity

Culture Minister Nikola Selaković has come a long way, from claiming he has more important things to do than respond to the prosecutor’s summons to yesterday’s meek appearance in court. The illusion that a representative of the executive branch could be treated like any other citizen in court was short-lived. Selaković did not invoke immunity, yet yesterday’s trial was suspended pending a decision by the Government of Serbia on the immunity of the accused minister.

We have already heard from constitutional law professor Tanasije Marinković that such court behavior not only indicates Selaković’s privileged position but also that it is not in line with the Constitution and the law. In fact, the Government of Serbia may grant immunity to a minister who has not invoked it, but this is the government’s prerogative, not the court’s, which is neither obliged nor authorized to drag the government into this matter. Therefore, in accordance with Articles 103 and 134 of the Constitution, a minister’s failure to invoke immunity does not preclude the government’s right to grant immunity at any time.

Propaganda and regime-controlled media have portrayed Selaković as a brave minister charging at judicial bayonets. A typical headline from yesterday reads: Selaković addressed the court with these words, then refused immunity.

However, the minister’s bravery was short-lived, lasting only until the court decided to refer the matter of immunity to the government. The trial was suspended without justification, raising the question: until when? At the next main hearing, scheduled for April, the Public Prosecutor’s Office for Organized Crime will likely no longer be what it is today – half of its prosecutors will, de facto, be dismissed (de jure returned to other offices). After all, we have heard MP Mrdić say that the Organized Crime Prosecutor’s Office is being dismantled because it began to indict SNS ministers.

Furthermore, if the court yesterday postponed the continuation of the trial pending a response from the Government of Serbia regarding immunity, will the trial now remain indefinitely suspended until the government replies? If so, and if the trial could not continue yesterday without a government response, then the next hearing cannot continue either. Problem solved – no need to invoke immunity or pardon Selaković. Simply failing to respond to the court’s letter keeps the trial in limbo, leaving everyone in uncertainty.

All this strongly resembles the 2019 case when the court itself granted immunity to Aleksandar Vučić. At the time, Vučić was being sued by Vuk Jeremić for calling him “the head of an international gang of thieves.” Vučić publicly boasted that he did not invoke immunity and called on the Assembly to strip him of it as quickly as possible. In that case, the judge did not even schedule a hearing, instead requesting that “the Assembly approve the non-invocation of immunity for Aleksandar Vučić.” An interesting fact is that Vučić was represented then by the same lawyer currently representing Selaković – Dragan Palibrk. Vuk Jeremić’s lawyer from back then, Vladimir Gajić, said that “the first-instance court, together with the Court of Appeals in Belgrade, assumes the role of representative of the defendant in this case and places him under a form of protection.” Exactly the same thing happened yesterday.

As far as we know, the Assembly never decided on the court’s request regarding Vučić’s immunity, and the lawsuit against Vučić got “lost” forever. It can be expected that the same will happen with the charges against Selaković. With yesterday’s decision, the members of the judicial panel have marked themselves as biased, which could be grounds for their recusal.

Finally, a simple question remains. If Minister Selaković is truly determined not to invoke immunity and to be tried like any other citizen, why does he not resign? There is no civilized country where a minister accused of falsifying official documents while removing protection from a cultural heritage site would continue to lead the entire cultural preservation sector. Selaković is not educated in the field of culture or cultural heritage protection; it is not his expertise. Not only is he completely replaceable, it is unclear why he was ever appointed to this position in the first place.

Therefore, the public must demand that the court explain its handling of Selaković’s immunity. And if it cannot provide legal justification, what should have happened yesterday must occur – the trial of citizen Selaković should continue, before impartial judges.

Translated by Marijana Simić

Peščanik.net, 09.02.2026.