The reasons why individuals decide to vent their anger through public appearances or through social networks and possibly commit criminal acts of inciting national and religious hatred are different, but political events are the most common instigators and triggers for raising tensions in society.
Court proceedings often last a short time, guilt is easily proven, because the prosecution gathers indisputable, publicly published evidence. Faced with such facts, the defendants have no choice but to admit their guilt and request a lighter punishment, with the usual expression of remorse.
Thus, in April 2021, Nikšić's AJ was sentenced in the High Court in Podgorica to one year in prison for committing the crime of inciting national, racial and religious hatred. On the eve of the elections in August 2020, he called for the slaughter of Serbs.
As stated in the indictment, on his Instagram profile on August 26, 2020 in Risno, the defendant incited hatred against members of the Serbian nationality and publicly insulted Serbs: "Serbs on the willows"; "Kill and slaughter so that the Serb does not exist".
In explaining the verdict, the judge noted that the fact that the defendant expressed remorse was a mitigating circumstance when sentencing. As an aggravating factor, she cited the fact that he has been convicted several times - for selling drugs, assaulting an official, endangering safety and endangering public traffic.
"The court also appreciated the current situation in society and the state, so it imposed a sentence of one year in prison," said judge Vesna Kovačević at the time, explaining the verdict.
We will kill, we will slaughter
For the same criminal offense of inciting national, racial and religious hatred, the defendant MS was given a slightly lighter sentence.
The Podgorica High Court sentenced him to ten months in prison for hate speech. According to the verdict, the defendant publicly incited hatred on his Facebook profile and published offensive words on August 18, 2021. Then, according to the decision, he wrote on the social network: "I'm ready for Cetinje... I'm shaking, my flowers are shaking, we'll kill, we'll slaughter whoever won't be with us." Everyone in Cetinje, hello. The cap has been prepared, we have two, three knives to bring and our ears are hurting... Our five minutes have come".
The fact that the defendant SK was 19 years old at the time of the commission of the criminal offense was, when determining the amount of the sentence, a mitigating circumstance, so he was sentenced to seven months in prison for the commission of the criminal offense of inciting national, racial and religious hatred. The court states that on his Instagram profile "Stela" posted a text with offensive content "...Don't point a gun at a Turkish man's head, you can do that better, cattle are slaughtered with a knife..."
In explaining the verdict, the court stated that the defendant was aware of his act, and that with such publication he incited hatred towards members of the Islamic religion. The court concluded that the defendant kept this message on his profile for six months, which showed persistence.
AH (31) was sentenced to ten months in prison because he incited hatred towards members of the Serbian nationality by posting on his Facebook profile.
The High Court in Podgorica stated in its verdict that on September 6, 2020, this defendant, aware of his act, the execution of which he wanted, knowing that it was prohibited, publicly incited hatred towards a group determined on the basis of national affiliation.
It is explained that the thirty-one-year-old, during the broadcast of the so-called patriotic gathering on the Independence Square in Podgorica, which was broadcast on the portals, wrote a post on his Facebook profile: "Serbs on the willows", along with three signs of the national flag.
Fines at a minimum
By the final judgment of the Appellate Court of Montenegro, the accused VM, from Herceg Novi, was sentenced to three months' imprisonment, also for the criminal offense of inciting national, racial and religious hatred.
It was stated that the sentence will be carried out by the defendant serving it in the premises where he lives and which he is not allowed to leave.
It was clarified that the court established with certainty that the accused with direct intention on August 28, 2023, in the parking area in Herceg Novi, publicly incited hatred based on national affiliation.
On the tourist vehicle parked in the town of Kumbor, he wrote "Serbs on willows" with red spray paint, while on the penultimate wagon, he wrote "UCK" in the same way.
The court concludes that in a public place he encouraged an unspecified number of people to hate members of the Serbian nationality.
The judges of the Court of Appeal state that only the defense filed an appeal against the verdict, but not the prosecution.
"Given that the appeal and supplement to the appeal were filed only in favor of the accused, the verdict could not be changed to his detriment in terms of the legal qualification of the act and the criminal sanction," the explanation of the verdict reads.
The court examined the verdict and in the part of the decision on the sentence, and found that the first-instance Higher Court in the explanation of the verdict stated what circumstances it took into account when determining the sentence and that it specifically explained the reasons it was guided by when it found that the sentence should be reduced.
"Starting from the general rules for sentencing, which are prescribed in Article 42 of the Criminal Code of Montenegro, as mitigating circumstances on the part of the accused, the court of first instance appreciated the remorse shown, the fact that he was an elderly person who was 62 years old at the time of the commission of the criminal act, a pensioner , while he appreciated his previous conviction as an aggravating circumstance", it is stated.
Despite everything, the prison sentences imposed so far are at the limit of the legal minimum.
According to Article 370 paragraph 1 of the Criminal Code of Montenegro, inciting national, racial and religious hatred is punishable by imprisonment from six months to even five years.
"Whoever publicly incites violence or hatred against a group or a member of a group determined on the basis of race, skin color, religion, origin, state or national affiliation, shall be punished with imprisonment from six months to five years", according to the Criminal Code of Montenegro. .
Vlada and a bottle of brandy fall
One of the defendants publicly threatened to set fire to the premises of the URA Civic Movement and, according to the court, insulted Dritan Abazović on a national basis. As a result, the RD from Podgorica was sentenced to a conditional prison sentence of six months, if he does not commit a new criminal offense within two years of the verdict becoming final. The court found that on February 12, 2022, on the social network Instagram, he announced: "I don't like the Prime Minister YES, shipper, all shippers should be slaughtered and killed, all shippers in Montenegro should be killed and slaughtered"... available Instagram profile, an unspecified number of persons incited violence and hatred towards the people of Albanian nationality and thus committed the criminal offense of inciting national, racial and religious hatred".
In the previous court proceedings, the defendant stated that he wants to apologize to everyone, that he is a Serb by nationality, that he had no intention of offending anyone, nor does he think that anyone should be slaughtered and killed. The defendant said that before he started recording "live", he drank half a bottle of brandy.
During the court proceedings, the court reviewed the official record and found that the defendant posted a 14-minute video on the Instagram social network...
He stated that "he is calling on the AM and the entire team to call the people to the street, to have all the citizens come out to the street, to stop this, let's all go and set fire to it, now I publicly say YES that his party premises will be set on fire, because it means they will be set on fire the party premises of the URA civil movement, that means I swear to your mother that the party premises will be set on fire, that means I repeat once again YES I personally say, it means that the party premises will be set on fire and set on fire to all those who raised their hands, hands last night they have dried up, they have dried up because of this. So the rooms of spies, traitors, fascists, will be set on fire, so the URA has to be their means, I will burn it to the ground, I will burn it to the ground, because this is a shame that..., The godfather's government falls, I now I repeat, it means that the party premises of the civil movement URA will be set on fire".
In a further address, the defendant stated: "My president is AV, he is not M. Đ., he is not my prime minister, DA Šiptar, all Šiptars should be slaughtered and killed, all Šiptars in Montenegro should be killed and slaughtered", it is stated in the explanation of the verdict of the High Court in Podgorica.
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