Montenegro should be a country that fosters anti-fascism and contributes to the promotion of peace and the affirmation of true values for the benefit of present and future generations. Unfortunately, just before this important international holiday, 35 Montenegrin citizens were subjected to unfounded attacks and the STEGA legal team strongly condemns the initiation of misdemeanor proceedings by the Police Directorate. Such actions do not have the characteristics of acting in the public interest, but rather a political showdown with free citizens who participated in the protest against the illegal decisions of the authorities.
This is stated in an open letter sent by the Editorial Office for Law and Political System of the Strategy for a European and Civic Montenegro (STEGA) to the Delegation of the European Union in Podgorica, the embassies of the Quint and all diplomatic and consular representations in the country, on the occasion of December 10, International Human Rights Day.
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STEGA congratulated the International Human Rights Day with the message that we should all strive to create a society whose fundamental characteristics are tolerance, justice and solidarity. They said that on this day they are obliged to emphasize that the rule of law is the idea of a state in which the introduction of restrictions on state power leaves "spheres of individual freedoms untouched". In the case of the protest in Gorica, the Police Directorate has just introduced restrictions on freedom of assembly with the aim of leaving representatives of state power untouched, the organization believes.
"Instead of checking the (dis)proportionality of the police actions and the use of pepper spray at a specific gathering, we received an announcement of intimidation of citizens who were protesting. As a reminder, in the announcement of the protest, STEGA called on all citizens 'to express their revolt against the illegal actions of the jury and the severe trivialization of the award in a peaceful, civilized and dignified manner'. The protest itself was attended by professors, artists and other intellectuals with the aim of pointing out the illegal awarding of the July 13th Award, which represented an attack on the fundamental values of Montenegrin society. It is particularly indicative that after the prosecutor's interpretation that there were no elements of a criminal offense, the Police Directorate decided to initiate misdemeanor proceedings, five months after the event," the STEGA statement states.
They pointed out that the participants in the protest in Gorica were dominated by elderly people and women, and that there were no "black hoods, hate speech, or disruption of public order as at some other gatherings for which the Police Administration did not act with such 'zeal'."
"It seems that black hoods and hate speech are popular, and intellectuals and the rule of law are undesirable for decision-makers in Montenegro! All of the above shows that the protest in Gorica is a legitimate way of expressing one's position on an important issue and that therefore the state authorities should have protected the freedom of peaceful assembly in accordance with the case law of the European Court of Human Rights (Article 11). The case law of the Court shows that subsequent measures, such as detaining participants and/or conducting other procedures, cause people to be demotivated to participate in similar gatherings in the future and constitute a violation of the freedom of assembly (Balçık and Others v. Turkey, 25/02, 2007)," STEGA said.
The organization added that it is particularly indicative that the request to initiate misdemeanor proceedings was submitted at the moment when STEGA launched activities to mark December 19th in Gorica, when partisan units liberated Podgorica from fascists and domestic traitors.
"According to the above, the actions of the Police Directorate can be interpreted as a desire to discourage all citizens who wish to participate in the aforementioned activities. However, as we have previously emphasized - No passaran! STEGA will not back down in the face of unfounded persecution in this situation, nor in any other similar situation in the future. On the contrary, we are aware that the fight to preserve fundamental values in society is a difficult task and we are determined to persevere in this fight, regardless of the threats we suffer or the actions that will be initiated against us.
"That is why December 10th - International Human Rights Day - is a day when we are obliged to remind ourselves that the freedoms and rights of every individual are the foundation of every democratic society and a day when we are obliged to protect all those who fight for these fundamental rights and principles. We expect the message from the EU Delegation in Podgorica, the Quinte embassy and all diplomatic and consular representations in Montenegro that Montenegrin citizens are not alone in their dedicated fight for a truly European and democratic future for Montenegro," the statement concludes.
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