The request to set up a stage for the "Patriotic Gathering" held on September 6 in Podgorica was submitted three days before the event, and the decision rejecting that request was made the day after the gathering ended.
The request was submitted by the non-governmental organization "Montenegro Political Thought", founded in March 2020.
This is indicated by the documentation sent to "Vijesti" from the Capital City in response to a request for free access to information (FIA).
On September 6, a "Patriotic Gathering" was organized in Podgorica, which, as the Police Administration said on the same day, was attended by 50.000 visitors.
To date, the police have not answered who, as required by law, reported the gathering.
From the Capital City, in response to the inquiry of "Vijesti" for SPI, they submitted for the editorial office a copy of the request for setting up a stage and a decision rejecting that request.
According to those documents, on September 3, Andrija Ćetković from the NGO "Montenegro Politika Misao" addressed the Secretariat for Communal Affairs and Traffic, which is responsible for setting up temporary facilities.
In the request for the stage, they state that "Montenegro Political Thought" plans to organize a "Patriotic Gathering" on September 6 at Independence Square in Podgorica, which aims to "preserve the civic concept of Montenegro."
"We are turning to you to request that you grant us permission to occupy the public area in the part of the Square in front of the monument free of charge at the mentioned location. At the mentioned location, it is planned to set up a technical production, a 10x8 stage, in the period from September 5, from 8.00:6 a.m. to September 23.00, until XNUMX:XNUMX p.m.," reads the request signed by Ćetković.
The Secretariat headed by Marko Rakočević refused that request, but only the next day after the meeting was held.
"Vijesti" has been unable to get answers to journalistic questions from the Capital City for months, regardless of what we ask the city administration about.
As "Vijesti" previously reported, Rakočević attended the meeting himself.
In the explanation of the decision rejecting the request of the NGO "Montenegro politika misao", it is written that "Andrija Ćetković's request cannot be granted".
Referring to the Law on Administrative Procedure, the refusal states that the applicant did not prove that he can be a party to the proceedings.
"A natural person - Andrija Ćetković addressed this body with a submission, to approve the installation of a stage on Independence Square for the needs of the NGO 'Montenegro Politika Misao', with which no proof or act was submitted that the said applicant has the party capacity to participate in the proceedings, neither as natural person, nor as a legal entity. Namely, no act or proof was submitted that the NGO 'Montenegro Politika Misao' is a non-governmental organization, formed in accordance with the Law on NGOs...", it says, among other things, in the decision rejecting Ćetković's request.
500 to 5.000 euros is the legal sanction for a legal entity that organizes a public gathering and does not submit a written application for the event. For a misdemeanor on the same basis, a fine of 250 to 1.000 euros is provided for the responsible person in a legal entity, as well as a fine of 100 to 500 euros for a natural person who is the organizer of a public gathering.
According to data from the publicly available register published by the Ministry of Public Administration, the NGO "Montenegro Political Thought" was registered in March 2020.
In the decision, which is signed by Rakočević, it is also written that the applicant requests the installation of a stage, but that, as required by the regulations on the installation of temporary facilities, he did not submit the layout with the dimensions of the facilities for which approval was requested.
In addition, it is written in the decision, Ćetković did not provide proof that he reported the gathering to the Police Directorate, as provided by the Law on Public Gatherings.
"...this authority has determined that the conditions for the request to be granted, that is, to approve the installation of temporary facilities - the stage and other contents necessary for organizing the event on the Independence Square in Podgorica", is written in the decision of Marko Rakočević.
The request was reportedly processed by Marija Pavićević.
Regarding the "Patriotic Rally", the editorial office sent a request for SPI to the Ministry of Internal Affairs (MUP) and UP. The MUP replied that they were not competent and that they had forwarded the request to their colleagues from the UP. However, the Police Administration did not respond to the request.
According to the Law on Public Gatherings and Events, public events and performances are reported at least five days before the day of the event.
For a legal entity that organizes a public gathering and does not submit a written application for the event, the law foresees a fine of 500 euros to 5.000 euros. For a misdemeanor on the same basis, a fine of 250 to 1.000 euros is provided for the responsible person in a legal entity, as well as a fine of 100 to 500 euros for a natural person who is the organizer of a public gathering.
For the organization of a public event that has not been registered, a fine of up to 10.000 euros is foreseen for legal entities, a responsible person in a legal entity is subject to a misdemeanor fine of 500 to 1.000 euros, and a natural person can be fined from 700 to 5.000 euros.
The Law also states that police officers are authorized to break up public gatherings before, but also during the gathering, i.e. the event, if the holding has not been reported or is not permitted, and if there is a danger to the life and health of the participants of the public gathering/event or other persons.
At the time of the "Patriotic Gathering", the measure of the National Coordinating Body against Infectious Diseases (NCT) was in force, according to which "the gathering of citizens for the purpose of holding public events and other cultural and artistic manifestations and festivals" is limited to a maximum of 100 people.
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