Today, twenty-two non-governmental organizations appealed to the Acting Supreme State Prosecutor Tatjana Begović to investigate the decision of the State Prosecutor Snežana Šišević to initiate misdemeanor proceedings against the historian and professor of the Faculty of Montenegrin Language and Literature (FCJK) Boban Batrićević because of his column, published on the Antena M portal. .
They say that this misdemeanor procedure returns "verbal delict" to Montenegrin practice and threatens freedom of expression inappropriately for a country that is a member of the Council of Europe and that aspires to become a member of the European Union.
NGOs asked the acting VDT to examine the decision of the prosecutor Šišević taking into account international standards and order the suspension of the misdemeanor proceedings.
In the proceedings against Batrićević, the first hearing before the Court for Misdemeanors in Podgorica has already been scheduled for January 22, 2024. The State Prosecutor's Office accuses Batrićević of having violated Article 19 of the Law on Public Order and Peace with the column, which reads: "Whoever insults another person in a public place by speech, inscription, sign or in any other way on the basis of national, racial or religious affiliation, ethnic origin or other personal properties, will be punished for the offense with a fine of 250 euros to 1.500 euros or a prison sentence of up to 60 days".
NGOs point out that Batrićević's "critical review of the controversial views" of priests of the Serbian Orthodox Church (SPC) - Metropolitan Joaniki of Montenegro-Limitor and Bishop Metodije of Budamlje-Nikšić is protected by freedom of expression.
In their letter to Tatjana Begović, they reminded that the human right to freedom of expression protects the presentation of strong value judgments, which also contain a dose of insult, exaggeration and provocation, as long as they are based on facts, and that the European Court of Human Rights has explained this in many of its judgments. , including Šabanović v. Montenegro and Serbia (paragraph 36) and Koprivica v. Montenegro (paragraph 61) from 2011.
The sent appeal is signed by: Action for Human Rights (HRA), Spektra Association, Center for Democratic Transition (CDT), Center for Civil Liberties (CEGAS), Center for Civic Education (CGO), Center for Democracy and Human Rights (CEDEM), Center for Investigative Journalism (CIN-CG), Center for Monitoring and Research (CeMI), Center for Training and Education of Montenegro, Center for Development of Non-Governmental Organizations (CRNVO), Center for Women's Rights (CŽP), Center for Women's and Peace Education ANIMA , Montenegrin LGBTIQ Association Kvir Montenegro, Montenegrin PEN Center, Montenegrin Women's Lobby, Montenegrin Philological Society, Association of Professional Journalists of Montenegro (DPNCG), ERA - Alliance for Equal Rights of LGBTI Persons in the Western Balkans and Turkey, Media Institute of Montenegro, Juventas, Media center and PRIMA.
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