By insisting on misdemeanor proceedings against journalist and columnist Bran Mandić, the Montenegrin police are sending a disturbing message to all free-thinking people who dare to criticize and problematize unacceptable forms of behavior in our society in a more polemical, provocative manner.
This is stated in a statement by the Human Rights Action (HRA), the Center for Democratic Transition (CDT), the Center for Investigative Reporting (CIN), the Center for Women's Rights (CŽP), the Center for Civic Education (CCE), the Media Institute of Montenegro (IMCG), the Media Center and the Media Union of Montenegro (SMCG).
"The Police Directorate's reaction and explanation regarding the misdemeanor proceedings it initiated against journalist Brano Mandić due to the value judgments expressed in the column has further disturbed us, as it demonstrates the extremely restrictive approach of this state body towards freedom of speech, which is contrary to the Directorate's proclaimed goals of 'achieving European standards'," the statement reads.
The Police Directorate clarified on Friday that in the case of filing a misdemeanor report against Mandić, their officers acted legally, without the intention of undermining or targeting an individual, and with equal treatment towards all citizens.
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"Media and non-governmental organizations dealing with human rights believe that the mere exposure of journalists to misdemeanor proceedings in this case threatens freedom of speech, because it discourages constructive debate on important social issues, so we demand that experienced lawyers in the Police Directorate intervene and stop further embarrassment of that state body. The Police Directorate insists in its response that it is acting 'legally'. However, in this case, the application of the law requires elementary knowledge of European standards in accordance with which the law must be interpreted, especially in a candidate country on its way to the European Union," the NGO group said in a statement.
They reminded that the police are prosecuting Mandić for a misdemeanor for his reaction to a television appearance by university professor Aleksandar Stamatović, who told the host of the show he was a guest on that he really liked what was under and over the T-shirt she was wearing. To this, Mandić ironically wrote that "it is lucky for a journalist to be the object of desire of an old goat who shows the youth that without him there is no punch...".
"If Mandić had called someone in a public place an 'old goat' without any context, it could be considered impudent and offensive behavior. However, in the given context, it must be taken into account that the journalist was provoked by the inappropriate behavior of a professional pedagogue (!) to use the expressions he used. With his author's text, he protected the dignity of a colleague from a sexist, public statement by a professor, and pointed out the unacceptable silence of those responsible in that case. Now, however, the Police Directorate is threatening him with a prison sentence for this. As we said earlier, Mandić's text and the satire he used in criticizing the inappropriate behavior of a university professor, enjoy protection in a democratic society based on European standards."
The NGO group points out that the European Court of Human Rights has long established the rule that freedom of expression also protects offensive expressions if they are used with reason, if they are a reaction to provocation and given in the context of a public debate of general interest, all of which fits the description of this case.
"Considering the above arguments, by insisting on misdemeanor proceedings, the Montenegrin State Police is sending a disturbing message to all free-thinking people who dare to criticize and problematize unacceptable forms of behavior in our society in a more polemical, provocative manner. We fully support journalist Bran Mandić, who strikingly highlighted a shameful event in our public, and had the right to do so. Once again, we call on the Police Directorate to further consider our arguments and abandon the misdemeanor proceedings. The civil sector will inform relevant international authorities of the decision of the competent state authorities and will monitor the development of events in this case with due diligence," the statement reads.
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