OPINION

Excessive "justice" complete injustice

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Zvonko Puletić, Haka Tahirović, Photo: Savo Prelević
Zvonko Puletić, Haka Tahirović, Photo: Savo Prelević
Disclaimer: The translations are mostly done through AI translator and might not be 100% accurate.
Ažurirano: 03.01.2015. 09:27h

Without going into whether the arrested medical workers from Belopolje and Podgorica are guilty or innocent of what they are institutionally suspected of these days, with sincere wishes for the resulting consequences for families and newborns (about which the meritorious court and the following court proceedings will certainly give the last word), we from the Montenegrin Committee of Lawyers for the Protection of Human Rights and Freedoms, together with the professional and lay public, due to the brutality of the very method of arrest and highly debatable decisions on detention, reasonably express certain concerns, and that for at least three things.

First of all, the very decision to deprive of freedom until yesterday exemplary medical experts and humanists, who are not characterized by a criminal or other vicious past and people who, by the nature of things and what they are suspected of, without any doubt, could not have led to the consequences that they are attributed, it is nothing more than a classic legal prejudice of their guilt.

On the other hand, the very method of arresting medical personnel, who are reliably known not to offer resistance, with an unnecessary demonstration of force for the purpose of depriving them of their freedom and taking them away, leaves a very ugly impression on the average citizen and with the perception of the so-called excessive justice. In all of this, looking for an answer to the question: are we a legal, partially legal or illegal state, we will agree that bulletproof vests, helmets, long barrels and police officers, which truly represent the strength of the state, are not and cannot be the leading attributes of a legal state. On the contrary, by glorifying inappropriate force and "irresponsible" decisions on detention, even when the legal and factual conditions for this are not met or when the success of the procedure does not depend on detention, Montenegro will not present itself as a legal state, but rather as a repressive state in which is often detention and deprivation of liberty without judgment, easily turns into arbitrary punishment of deprivation of liberty, and for detainees, not only retribution, but also a life, professional and human collapse with launching against their will, from which I do not escape, and even possible acquittal decisions, do not can recover.

Without the intention to lobby in any way or to try to exert influence on those who decide to deprive them of their freedom, when it comes to the arrested Bjelopolje doctors, mostly only in principle, it can be asserted: all the evidence of their possible responsibility or possible innocence, as the public is informed, they are already fixed. The witnesses were heard, or because of the nature of what is considered a consequence, their statements have no decisive significance, especially not in terms of influencing the witnesses. The suspects were at large for days before their arrest, so if they had an interest in influencing the witnesses, they could have done so without hindrance. Likewise, in this case, the possibility is excluded that the suspects could repeat the act or the action they threatened, or destroy the traces, if they were at liberty. Finally, the famous legal basis of the so-called "Public uproar", which is often used casually and clichédly in the absence of others, in this case is also not applicable because, obviously, the public is not upset because the suspects were at large, but they are also upset because after so many days since the actualization of the case, spectacularly arrested.

In all of this, following the parallel about Montenegrin effective justice, a kind of disproportion can be observed in the application of law and the real determination of Montenegro to present itself as a state governed by the rule of law. On the one hand, we have undoubted humanists who are dedicated to the service of human good through their work and professional engagement, and on the other, we have many who cannot be pardoned for the most serious crimes characterized by collective killings or lobbying for the killing and suffering of people for extremely low motives. . The former, as can be seen with the training of police rigor and spectacular arrests, seem to be a confirmation of the "rule of law", while the latter, for years from a safe and thick leeward, go unpunished towards their peaceful old age without a hint of remorse or fear of criminal prosecution.

I will conclude, it has been said a long time ago, that the same justice towards unequal people or different justice towards equal people are complete injustices. When it comes to the arrest of the white coats at this stage of the proceedings, apparently, justice has not only been premature by a strange selection, but it has certainly been exaggerated in many ways. Is all this, with the sacrifice of the "cheapest", lowering the heavy curtain in front of the institutional and state responsibility at the highest level, or some kind of ironing of "honest" resignations? We don't have reasonable answers yet.

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(Opinions and views published in the "Columns" section are not necessarily the views of the "Vijesti" editorial office.)