The only participant in the criminal proceedings who is not obliged to tell the truth is the defendant, and he enjoys this right even before the proceedings are initiated, even in the investigation phase when the suspicion of his innocence is not founded. Since the defendant or suspect stands alone against the entire apparatus of state coercion and its broad powers, he is granted this right so that he can effectively defend himself and defend himself against accusations.
The attitude of our priests towards this legal possibility is perhaps the best example of how wide Orthodox freedom is, but also where its clear boundaries are. You can say almost anything you think to the clergy of our Church, often disobey his calls, even sin, and rarely experience rebuke and never condemnation. What you cannot possibly do is advise them of their right to choose the facts on which to state themselves publicly. Even if these concern the holy faith or assumed responsibility for themselves and others - then don't even think of teaching them that they are legally free to interpret the truth in their own interest and only for the purpose of protection from concrete prosecution. They simply do not use that freedom and this does not create difficulties for their legal advisers and defense attorneys, but rather educates them additionally.
However, a huge problem for all of us is the latest behavior of the regime, which grossly violates the constitutional rights of citizens and procedural and other legal guarantees. Fraudulent calling and illegal deprivation of liberty of bishops and clergy began on May 12 this year in Nikšić, on the day of the St. Basil's Litia. It continued in the last weeks and days in other cities of Montenegro, although in the meantime the end of the epidemic was declared and the ban on public gatherings was lifted. The actions of the intelligence and investigative bodies in all these cases are so burdened with procedural deficiencies that the lawyers fail to address the fact that the Order of the Ministry of Health of May 29 is illegal; The Law on the Protection of the Population from Infectious Diseases does not allow the restriction of public gatherings, but only that, in certain situations, they may be prohibited for everyone equally, and the order, as a by-law, cannot be valid contra legem. Intelligence and other state authorities not only ignore the fact that the unconstitutional provision from the above-mentioned Order of the Ministry of Health is invalid, but in their actions they refer to "NKT Measures" even though such a legal act and regulation does not exist.
In the general legal confusion, even simple facts that can be determined by common sense have not been spared. Thus, the Basic State Prosecutor's Office, in the Decision on the detention of one of the priests on June 15 of this year, stated that the suspect was deprived of his liberty twice, the first time in the morning hours, and for a criminal offense that was allegedly committed only later that day. Whether the decision on deprivation of liberty was prepared before the disputed event even happened or whether there were other reasons for these Freudian "accidental mistakes" - it was only clear that a higher acting authority would be obliged to cancel such an individual legal act. When lawyers and members of the suspect's legal team see such allegations, they can only rub their hands with satisfaction before they even begin their work.
Other shortcomings and illegalities, on the other hand, cause surprise and concern. One of them is inviting citizens to collect information, so that the invited person is obliged to respond "immediately". In fact, this is the immediate arrest of a person who still does not have the status of a suspect. This manipulation of the Code of Criminal Procedure is confirmed by the cases of priests of the Metropolitanate of Montenegro and the Eparchy of Buda and Nikšić who are called in their capacity as citizens so that, as soon as they cross the threshold of police stations, it would be judged that they are suspects. Calling citizens to come "immediately" is not recognized by the Code of Criminal Procedure or the Law on Internal Affairs of Montenegro. "Immediately" is not "an hour and a day" nor can it be achieved in time. "Immediately" came and went as soon as it was pronounced, so that the invited citizen fell into arrears at the same moment, not even having the opportunity to respond voluntarily. It is about the abuse of the strict CPC, because, otherwise, the most urgent summons is pointless, bearing in mind that the citizen in that situation has, among others, the legal right to refuse to give notice and not to be further detained in that capacity.
The legal and life consequences of this kind of behavior are much more dangerous than the fact that the summons forms handed out by the Police Directorate are at odds with the grammars of at least four languages out of all that are in official use in Montenegro.
Namely, the crucially important right of every citizen is the right to choose a defense attorney and to provide notifications to the state authority in his presence. Summoning a citizen at any time with an indication that he has to respond immediately almost prevents the realization of adequate legal protection, and even the mere summoning and presence of a lawyer - especially when the summons is served late in the evening. This enables the exercise of illegal pressure and deception of citizens, which leads to the abuse of all procedural and other legal guarantees. Especially if it is known that the citizen is called in this way with the aim of immediately being declared a suspect and, consequently, becoming a participant in the criminal proceedings. It is not necessary to explain further how important procedural and other guarantees are, which are deliberately jeopardized by this behavior of the police. After all, this was also shown by the decisions of those investigating judges who on the same day determined that the pretrial detention of the priest was illegal, both due to the fact that the suspicion that they had committed a criminal offense was not clearly established and due to the violation of the presumption of their innocence.
The unconstitutional Law on Freedom of Religion increases lawlessness by geometric progression. It first violated systemic laws in the area of property relations and civil and administrative law, followed by the violation of freedom of assembly and other political freedoms, until the last attacks on personal rights and legal guarantees from the criminal law sphere. Obviously, it will continue until the scandalous unconstitutional provisions of the Law on Freedom of Religion are amended.
Ex iniuria ius non oritur.
The author is a lawyer
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