On International Human Rights Day, the former judge of the International Court of Justice in Strasbourg, Nebojša Vučinić, announced that in the case of the arrest of Democratic Front (DF) MP Nebojša Medojević, both the Constitution and the Law were violated.
This attitude is shared by the head of the Association of Lawyers of Montenegro, Branislav Radulović.
When the first anti-war organization was formed at the University of Montenegro in 1991, three men lit candles on the steps of the Parliament of Montenegro, recalled one of them - the current president of the Association of Lawyers, at a conference on the occasion of International Human Rights Day.
"One was the rector of the University, Božidar Nikolić, who had the strength to stand up and rise above the establishment, and the third is today in prison, in the capacity of a deputy", pointed out Branislav Radulović, president of the Association of Lawyers of Montenegro.
The issue of the arrest of MP Nebojša Medojević was opened by the former president of the Association of Lawyers, who also organized the Conference at the Rectorate.
"We have a new one, I would say systemic violence, and I would say very dangerous because every citizen, if someone has a reason to bully him, can always call him to give a statement, if he doesn't give a statement, to put him in prison, those are very dangerous things and this gathering must give an answer to that question," said Stanko Marić, former president of the Association of Lawyers.
The answer came from a former judge of the European Court of Human Rights in Strasbourg.
"I think that the Constitution and the Law have been violated here. I am convinced that our Constitutional Court will find the strength to say what is right and what is not right, although maybe at first sight it can be legally legal... In my opinion, this is one border situation, but clear enough," said Nebojša Vučinić, former judge of the European Court of Human Rights in Strasbourg and professor at the Faculty of Law.
And the Council of the Constitutional Court will decide tomorrow whether to release Medojević and his colleague Milan Knežević, who has been hiding in the Parliament since his arrest. Vučinić says that there are several legal problems in this case.
"Be careful - imprisonment for up to two months, according to the jurisprudence of the European Court, imprisonment for more than a month is already a criminal sanction. Article 5 says deprivation of liberty in the procedure provided for by the Law, what does that mean - can a deputy be arrested without discussing immunity? It should not great legal knowledge about it," said Vučinić.
"The Association of Lawyers of Montenegro fully agrees with the position of Professor Vučinić, as well as with the recent position of the Montenegrin Protector of Human Rights and Freedoms, and we are deeply convinced that the Constitutional Court, which is the most important, will protect the constitutional order of Montenegro," said Radulović.
The Civic Alliance also believes that the arrest of Medojević is problematic from several aspects.
"He is neither a detained nor a convicted person, but he was put in prison, the very method and procedure of the arrest, the time," said Milan Radović from the Civic Alliance.
Medojević and Knežević were sentenced to prison by the High Court due to, as explained, their refusal to testify about the charges leveled against the chief special prosecutor Milivoj Katnić and some judges.
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