(Podgorica, 16. may 2013.) – The behaviour of the misdemeanour judges in the cases against Vanja Calovic and Dejan Milovac demonstrates that these judges are truly government functionaries, not only because the government appoints and relieves them of their duties, but also because they implement the wishes of the executive in its attempt to silence those who criticize it. Furthermore, these judges – government functionaries are openly violating basic human rights: including the right to a fair trial before an impartial judiciary, the right to free expression and the right to freedom of assembly.
In both cases, the judges used the same pattern to violate the rights of defendants Calovic and Milovac. They thus uncritically accepted police evidence and only heard the witness testimony of police officers, while the defence’s evidence was rejected with the explanation that the case was already ready for adjucation based on the testimony of the officers.
For this reason, the judges / government functionaries demonstrated that they are consciously violating the basic human right to a fair trail, which of necessity includes equitable treatment of the parties to the dispute. In both cases, the accusers and the judges were represented by the government. The charges brought forward by the police, which is part of the executive authority, and the court through judges appointed by the government. Once again, it’s worth noting that that judge / government functionaries only allowed witness testimony from police officers. Furthermore, in the case against Vanja Calovic the police claimed that the Government’s building was being threatened by her (which means that in this case, the government was also the aggrieved party).
Thus Calovic and Milovac’s right to a fair trial before an impartial court was denied.
Similarly, in both these cases, including the penalty imposed on Calovic and the sanctions on Milovac, represent brutal violations of the right to freedom of expression. Judges and police officers, as government functionaries, thus attempted to intimidate potential government critics who want to raise questions about corruption in the executive and in the courts (that implement its orders).
Furthermore, the misdemeanour judges and police, as government functionaries, also brutally violated the right to freedom of peaceful assembly, since they have been implementing repressive measures against individuals whose critical stances towards the government are publicly stated by gathering before government institutions and pointing to the costs of corruption that the citizens are paying for.
Through its functionaries, the government is trying to repress those who are struggling against corruption. Of course, the only ‘basis’ for the punishment of Calovic and Milovac is their respectful attitude towards a police officer or by stating something everyone knows (that the Constitutional Court of Montenegro is not working in the interest of the law or upholding the constitution, but in the interests of the First Family). One can only imagine how these government functionaries would punish Calovic and Milovac if they committed something that is actually a criminal offence.
In the end, Calovic was fined €550 euros for kissing a cop. It’s worth recalling that the Mayor of Podgorica (and a member of the ruling party), Miomir Mugosa, was fined €400 for disturbing public order and peace after an independent journalist suffered heavy physical injuries. Following the assault by the Mayor and his son, the police weren’t allowed to take away the pistol that they were holding. Moreover, the police chiefs that are the superiors of the office Calovic kissed, were competing with each other to self-condescension and poltroonery while hosting Mugosa in Police HQ.
Thus, these so-called ‘judges’ are nothing more than the functionaries of a corrupt government, violating fundamental human rights in a trial that was followed by the media and in which Calovic and Milovac had expert legal advice. Furthermore, Judge Radonjic’s fine imposed on Calovic immediately after a three hour hearing of final arguments that pointed to the violation of human rights and contrary to concrete European Court for Human Rights cases, which means that the decision had already been made for the Judge by the government. This clearly demonstrated that the judge in the case was acting according to government orders, and not according to the European Convention or precedents set by the European Court.
This raises the question of how such judges must act in cases that aren’t publicly followed by the media, where defendants lack access to expert legal defines, and where they are not reminded of European standards.
MANS will continue to point to corruption at the highest level and to the connections of the executive with organized crime, regardless of the pressure exerted by government functionaries (judges) to discourage such critiques. If these decisions, violating fundamental human rights, stay in force, it’s obvious that the eventual decision will land in the European Court for Human Rights which will not allow such rights to be violated.
