The presidential candidate in the recent elections, Mladen Bojanić, is preparing a petition to the European Court of Human Rights, after almost two months after receiving a negative decision of the Constitutional Court on their regularity.
On April 26, that court rejected the constitutional appeal of Bojanić, who requested the annulment of the election results, pointed to the misuse of state resources by Milo Đukanović (DPS) and the disputed decision of the State Election Commission, which had previously rejected his appeal without a quorum for all the same reasons he stated to the Court .
Đukanović won the presidential race.
The publication of the decision in the "Official Gazette" created the conditions for Bojanić to "go to Strasbourg" and seek justice there because he believes, as he says, that the court that should sew up the Constitution made a political decision in favor of the DPS:
"The decision, without a single dilemma, was made under political pressure from DPS. How else to explain the contradiction that despite the statement from the Reasoning that "the Constitutional Court judged that the SEC did not have the necessary majority (10 members) to work and decide on the complainant's objection", that same court rejects my appeal against the Decision of the SEC, " says Bojanic for "Vijesti".
In the Court's decision, which was recently published in the "Official Gazette", judges Milovan Gogić and Miodrag Iličković separated their opinion. It states, among other things, that the majority position of their colleagues "will not contribute to the transparency of the electoral process, nor to the trust of citizens in the electoral process".
"The question arises where in this particular case the role of the US is lost, which should point out arbitrariness, arbitrariness and abuse that are not allowed by the Constitution and the standards of the European Convention on the Protection of Human Rights and Fundamental Freedoms", they state.
After the SEC rejected Bojanic's appeal, he turned to the US. Responding to his complaints that they did not have a majority for work and decision-making, because only six permanent members out of a total of 10 were present, as well as seven more members of the extended composition were not present, the SEC sent a statement to the Constitutional Court, not disputing those details. However, they interpret that despite the fact that the majority of members did not come to the session, they decided to make a decision based on Bojanić's objection. Because if they didn't, explains the SEC, that would mean that his complaint was accepted.
The Constitutional Court, as written in the decision, accepted the argument of the SEC and estimated that six out of 10 permanent members are a quorum.
In the part where Bojanić complains about the misuse of state resources, he declared himself unaffiliated.
"We are preparing a petition to the court in Strasbourg in order to prove that this decision was a simple farce directed by the DPS, with the full support and performance of some of the judges. Separate opinion of judges Gogić and Iličković in which they ask "where in this particular case the role of the Constitutional Court is lost, which should point out arbitrariness, arbitrariness and abuse that are not allowed by the Constitution and the standards of the European Convention on the Protection of Human Rights and Fundamental Freedoms" should make us all worries," says Bojanic.
As Iličković and Gogić remind, he was not allowed to attend the session, even though it was decided on his initiative.
Six is greater than or equal to 10
The judges who made such a scandalous decision deserve to be publicly mentioned: Dragoljub Drašković, Desanka Lopičić, Mevlida Muratović, Hamdija Šarkinović and Budimir Šćepanović, in order to personalize the responsibility of the Constitutional Court, and the professional and lay public became familiar with their "legal" position that is 6 greater or equal to 10, said Mladen Bojanić.
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