During the previous four months, six Montenegrin deputies, despite having a diplomatic passport, experienced inconvenience when entering Serbia. These are the MPs who in the Parliament of Montenegro voted for the Resolution on the prohibition of denying the genocide in Srebrenica, which is why some of them believe that "Serbian revanchism" is on the scene.
The Montenegrin Ministry of Foreign Affairs officially expressed its concern several times, asked for answers from Serbia, assessing that the improper treatment of MPs is not in accordance with good neighborly relations, diplomatic practice, provisions of the Vienna Convention.
Radio Free Europe (RSE), on two inquiries from the Ministry of the Interior and the Ministry of Foreign Affairs of Serbia, on October 18 and 19, did not receive an answer to the questions about the behavior of the border police towards the Montenegrin MPs who, as they claim, experienced inconvenience when entering (exit) to Serbia, in the period from the end of June 2021 until today. The following questions remained unanswered:
Why were the MPs, Ervin Ibrahimović, Draginja Vuksanović-Stanković, Bozena Jelušić, Suada Zoronjić and Damir Šehović, detained from an hour to several hours for checks? Can the actions of the police be connected with, as they claim, their vote for the Resolution on Srebrenica in the Parliament of Montenegro on June 17? Does the action represent a violation of the Vienna Convention, given that Montenegrin MPs have diplomatic passports?
The last case of MP Ibrahimović
The last Montenegrin MP who "experienced inconvenience" when entering Serbia on October 17 is Ervin Ibrahimović, the leader of the Bosniak Party.
This is the second time that the Serbian police have detained Ibrahimović, who was thoroughly searched at the Špiljani crossing on August 23, even though he was traveling in an official vehicle to Sandžak.
Ibrahimović told Radio Free Europe (RSE) that he has no doubt that the reason for the detention at the border is the adoption of the Resolution on Denying the Genocide in Srebrenica in the Montenegrin Parliament.
"The people who controlled me showed extraordinary compassion towards me, even apologizing. I warned them that I have a diplomatic passport and that I think it is not good for the state of Serbia to violate international practice. However, they said they had an order from Belgrade and apologized. But they were ordered, they explained to me, to keep me for an hour, at least. And they had to simulate inspecting the car. They entered the car twice to see if there was anything inside, they even opened the hood. They were filming everything. So they only simulated that an hour would pass," said Ibrahimović.
On the Resolution on the Prohibition of Genocide Denial
On June 17, the Parliament of Montenegro adopted, by a two-thirds majority, with 55 votes, the Resolution on the prohibition of denying the genocide in Srebrenica, which caused negative reactions from Serbia.
MPs from the opposition: Democratic Party of Socialists, two Social Democratic parties, Bosniak and Albanian national parties, as well as MPs from the ruling Civic Movement URA and Democratic Montenegro voted for the Resolution.
The Minister of Internal Affairs of Serbia, Aleksandar Vulin, said that he will ask for a ban on entry into Serbia for those who voted for the Resolution.
"Let their families, well distributed around Belgrade, see each other in Montenegro," Vulin wrote in a press release broadcast on June 18.
The leader of the Bosniak Party, Ervin Ibrahimović, believes that Serbia's revanchism is on the scene.
"Serbia, led by Minister (Aleksander) Vulin, who did not even hide it, but said that he would take revenge on all those who voted for the Resolution, is trying to revanchistically treat those who voted for the Resolution on Srebrenica. I want to say that we will persevere in the fight to democratize our society, and that will be a contribution to reconciliation in the region," Ibrahimović said.
Commenting on the attitude of the Serbian border police towards the Montenegrin MPs, Filip Švarm, a Belgrade-based political analyst for RSE, says that he "doesn't know" whether the treatment of the Montenegrin MPs "can be formally linked to Vulin's statement".
"But if that is happening, then surely his statement has a lot to do with what the MPs of the opposition from Montenegro experience when they come to Serbia. Simply, it seems to me like some kind of bureaucratic ploy to send a political message," Švarm said.
Is the Vienna Convention being violated?
Answering RSE's question, Ibrahimović has no doubts that the fact that he has a diplomatic passport, that is, diplomatic immunity, protects him from "the arbitrariness of individuals".
"It is about the Vienna Convention, which clearly states that we have diplomatic immunity. And that we have, let me try to simplify, a certain type of protection. Especially when it comes to things like this, about the arbitrariness of individuals in any country we are in."
Whether such behavior violates the Vienna Convention is a question to which RSE has not received an answer from the Ministries of Foreign and Internal Affairs of Serbia.
The Ministry of Foreign Affairs of Montenegro (MVPCG) told RFE/RL that in previous situations, they had officially addressed the competent authorities of Serbia regarding actions at the state border.
"We strive to, in accordance with the competences, clearly and timely indicate the respect for the dignity of the representatives of Montenegro, and adequate treatment of them in accordance with the established diplomatic practice and the Vienna Convention on Diplomatic Relations from 1961", it is stated in the answer dated October 19 from Public Relations Department of the Montenegrin Ministry.
As mentioned, the Montenegrin Ministry expressed concern and told their Serbian colleagues:
"That repeated incorrect treatment of members of the Parliament of Montenegro, holders of diplomatic passports, does not contribute to good neighborly relations."
What is written in the Vienna Convention?
According to the regulations of the Government of Montenegro, since 2008, the persons to whom diplomatic and official passports are issued include members of parliament.
In the Vienna Convention from 1961, Article 36 states that "a diplomatic agent is exempt from inspection of his personal baggage, unless there are serious reasons to believe that such baggage contains items that do not enjoy exemption from taxes and duties, or items whose import or export prohibited by legislation or subject to quarantine regulations of the country where it is accredited. In such a case, baggage inspection can only be carried out in the presence of a diplomatic agent or his authorized representative".
Who was detained at the Serbian borders and when
Thirteen days after the vote for the Resolution, on June 30, Draginja Vuksanović-Stanković, MP from the opposition Social Democratic Party, was searched and detained for more than an hour at Belgrade's "Nikola Tesla" airport.
"When I handed over my identity card at the passport control in Serbia, they told me that I was marked in red in the computer and that a search should follow. I was searched to the last detail, I did not receive any explanation. During my return to Montenegro, I was released after 40 minutes, also with a search," said Vuksanović-Stanković at the time.
On July 11, the Serbian Border Police twice searched MPs of the URA Civic Movement, Božena Jelušić and Suada Zoronjić, who were in the official car of the Parliament of Montenegro, on the way to Potočare, where they attended the commemoration in Srebrenica.
On August 17, Social Democrats (SD) MP Damir Šehović and his family experienced, as reported by his party, absolutely unnecessary harassment at the border in the form of alleged checks, which is why he waited about an hour longer than other passengers to cross the Dobrakovo border crossing.
At the border with Montenegro, the Serbian police detained opposition DPS (Democratic Party of Socialists) MP Dragica Sekulić for a total of five hours, both at the border and in the police, after they found bromazepam tablets in her and her husband's possession.
"All in all, the two of us had less than one box of pills. Upon subsequent inspection of the regulations, we found out that it is allowed to bring in one box, per person, without medical documentation," said the DPS deputy and explained that criminal charges were filed against them for possession of psychoactive substances.
Correspondence of the ministries of Serbia and Montenegro
On the occasion of Sekulić's arrest, the Ministry of Foreign Affairs of Montenegro announced on September 8 that "harassment is not a measure of good neighborly relations", and called on the Serbian authorities and the Minister of the Interior, Aleksandar Vulin, "to stop improper treatment of Montenegrin MPs".
In the reply of the Ministry of Internal Affairs of Serbia, to the Montenegrin Ministry, on the same day, it was said that their actions were in accordance with the law:
"We emphasize that she (Dragica Sekulić) was treated in accordance with the law and procedures with respect for personal dignity, which is why we do not understand the meaning of the call of the Ministry of Foreign Affairs of Montenegro that the Serbian government and the Minister of the Interior Aleksandar Vulin stop treating Montenegrin MPs unfairly." , it was stated in the answer.
Belgrade analyst Filip Švarm believes that the problem will be solved when the political tensions between the official Belgrade and the current opposition structures in Montenegro subside.
"This problem will certainly not be solved in any other way until the political tensions between the official Belgrade and the current opposition structures in Montenegro subside. Only when that tension subsides will we not have those petty malicious, vindictive and certainly unacceptable pressures on Montenegrin opposition MPs who come to Serbia. Otherwise, I don't see how," Švarm concluded.
Diplomatic passport and immunity
The Parliament of Montenegro confirmed for RSE that MPs have the right to a diplomatic passport, which is issued upon personal request and valid for five years.
"The diplomatic passport contains information about the function currently covered by the holder of the same, as well as a standard, courteous text in Montenegrin, English and French, which asks the competent authorities of other countries to let the holder of the diplomatic passport pass without interference and detention and to provide him with the necessary assistance and protection in accordance with international law" was stated in RSE's answer from October 20.
In response to our question whether MPs with diplomatic passports also enjoy diplomatic immunity in accordance with the Vienna Convention, the Parliament stated that "the Vienna Convention on Diplomatic Relations does not explicitly treat the position and immunity of MPs, but specifically deals with the privileges and immunities of accredited diplomatic agents".
The Montenegrin Parliament has 81 deputies.
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