The Independent Police Union of Montenegro announced today that Dejan Ban, one of the owners of the company "Pomorski saobraćaj" (Maritime Traffic), has been sentenced to 30 days in prison for assaulting a police officer.
The union said that this verdict was made by the judge of the Basic Court in Kotor, Danijela Samardžić, and said that she "obviously lightly throws the police uniform underfoot, belittles the importance of the police in society and shows that citizens are not protected either."
"Many things are changing in Montenegro, faster or slower, but one thing stands as an irrefutable axiom and stubbornly resists all warnings, appeals, and pleas. Despite the social danger that is being caused, those who are supposed to bring justice in our country are unwaveringly insisting on difficult, and perhaps very easy, explainable verdicts. The judicial branch, or rather, for the sake of fairness, a part of it, has once again used the opportunity to show police officers that they are just dust in space. Completely irrelevant, superfluous, and unprotected. Cynics would say that the court is also showing us that we are a nuisance in this society," the Independent Police Union statement, which was submitted to the media by its president, Igor Rmandić, emphasizes.
The Independent Police Union added that some judges are obviously starting from the premise that it is completely normal to physically attack a police officer on duty, cause him bodily harm, and in the end get a suspended sentence.
"Or, to be completely frank, to go unpunished. The verdict of the Basic Court in Kotor No. K. 215/21/21 issued by Judge Danijela Samardžić shows the absurdity of the claim that a police officer is protected and that as such he can provide protection to every citizen. Judge Samardžić is obviously lightly throwing the police uniform underfoot, belittling the importance of the police in society and showing that citizens are not protected either. Ultimately, if everyone claims that a police officer is the state, Judge Samardžić is also throwing the state itself underfoot, showing us all that we are small and insignificant," the statement reads.
The Independent Police Union explains "what it's really about".
"In July 2019, as determined by the verdict, citizen Dejan Ban physically attacked and injured a police officer in front of the Tivat Airport building who had warned him that he had parked his vehicle illegally. After a long trial that began in 2021, the case reached its final conclusion with a suspended sentence of citizen Ban to 30 days in prison if he commits a new criminal offense within one year. In other words, if he refrains and does not attack and injure another police officer for a year, then nothing will happen to anyone. There is no punishment," the statement reads.
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The Independent Police Union states that it sounds incredible that the criminal offense of Assault on an official in the performance of official duty (Article 376, paragraph 3 of the Criminal Code of Montenegro) is punishable by imprisonment from six months to five years, and that the perpetrator in this case received a suspended sentence of 30 days in prison.
"The fact is that the law allows for a reduction in the sentence, but it is unacceptable and logically inexplicable to go for the maximum possible reduction in the sentence even though the court determined that the defendant partially confessed to the crime, that he repeatedly disobeyed the order of a police officer, and that he committed the crime with direct intent, in a state of sane mind, aware of his act and its prohibition, and whose execution he wanted. So, is there anything else needed to determine a greater sentence than a symbolic one? The claim from the verdict that the court, despite everything listed, did not find aggravating circumstances for the perpetrator and that the mitigating circumstances led to an enormous reduction in the prescribed sentence sounds devastating. Another slap in the face to every Montenegrin citizen who should believe in the court and the judiciary," the statement reads.
The Independent Police Union of Montenegro once again warns of the disastrous nature of such court decisions.
"Attacks on police officers are serious crimes that represent an attack on the state, institutions and the law. They not only endanger the lives of police officers, but also cause insecurity among citizens and fear of being unprotected in society. Too lenient and bad verdicts, such as the one mentioned above, which are far below the legal minimum, create a feeling of injustice for the police officer who was the victim of the attack, but also for his colleagues. Their efforts to protect this society remain unrecognized and with such verdicts even punished, which is extremely demotivating to continue doing their job efficiently, bravely and dedicatedly. Such situations also carry a great social danger because many offenders will give themselves the freedom and right to attack another person, quite justifiably expecting to go unpunished," said the Independent Police Union.
They say that it is necessary to "create a system that will ensure that everyone, including police officers, feels protected, safe and secure, and that this depends primarily on the delivery of fair judgments that will act as a deterrent to future offenders and attackers."
"In that sense, it is very important, and we will continue to insist, that the judicial system must show determination and a firm hand in order to preserve order and security in society as part of the obligation to protect all citizens," said the Independent Police Union.
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