The Basic Court in Podgorica has decided in three cases where the state, as founder of the “Pobjeda”, is obligated to publish response – answers of the NGO MANS on the articles published in that daily newspaper. According to these judgments the state is required to compensate to MANS and the expenses of the case in the amount of 1000 euros. The judgments of the Court show that the responsible individuals in this daily newspaper constantly brake the law and the rights of citizens on whose money this daily newspaper is financed.
The first judgment the Basic Court in Podgorica issued on 07.29.2014 and by it the state is obligated to publish a response of MANS on DPS’s statement from 04.08.2014 with the title “We will submit criminal chargers for set-ups”. In that statement of DPS, is stated unfounded and untrue that MANS misuses funds to promote lies and that the recording that shows the way of purchase of ID cards in Montenegro is “cheap setup”. Pobjeda refused to publish a response and answer of MANS with arguments on this statement of DPS, which once again proved that is political newspaper of DPS, and is not afraid of violation of law in the interest of that party.
However, it is encouraging the fact that the Court found that Pobjeda violated the Constitution, laws, and the European Convention for the Protection of Human Rights and Fundamental freedoms. As well, the Court found that Pobjeda violating MANS’s rights disabled public debate about freedom of local elections that were suppose to happen, which is the question of public interest which has just served a response of MANS.
The second judgment the Basic Court in Podgorica issued on 07.30.2014 and by it the state is obligated to publish a response of MANS on a statement of Labor Fund in which is also unfounded and untrue said that the analysis of MANS are malicious regarding severance payments which point on the suspicion of electoral abuse.
Beside to violation of the Constitution and the law, in this case responsible individuals from Pobjeda showed their attitude and relationship to the Court and the state in general. In fact, although the legal representatives of the state addressed the Pobjeda twice and the court addressed it once with a request for response regarding to the unpublished answer of MANS, responsible individuals from Pobjeda refused to respond.
In the end, the Basic Court in Podgorica on 08.08.2014 issued and third judgment which connected deciding on MANS’s two charges relating unpublished response in the daily newspaper. With the first lawsuit MANS requested a response to be published to the text from 05.14.2014 with the headline: “Vucelic: Dan and MANS per order of DF are working against DPS”, in which the official of DPS brought up ridiculous and untrue accusations about MANS. Second lawsuit MANS requested publishing of response to the text from 05.17.2014 with the headline: “Prosecution: MANS illegally fights against corruption”. in which the Supreme State Prosecution by unfounded and offensive allegations tries to cover up own inactivity in prosecution of political corruption. And these answers with arguments Pobjeda illegally refused to publish, by which once again showed that is the newspaper of DPS, who carries only what is in the interest of that organization.
In addition to these three procedures in four lawsuits, because of the identical violation of the law by Pobjeda only in the past three months, the NGO MANS filed 26 more lawsuits. In each of these cases, the responsible persons in Pobjeda brutally violated the law, and the outcome of the proceedings based on these lawsuits is certains. However, rather to start to respect the laws and to
stop to violate the rights of citizens funded by their money,
responsible persons in Pobjeda are persistent in violation of the law and the rights of others, and even counts themselves as victims counting lawsuits that are filed against that daily newspaper only because of publishing response.
MANS will continue to seek protection of its rights in accordance with the law, but will also insist on responsibility of persons who by their acts and omission of acts daily violate the Constitution, the law and the rights of others, which openly express contempt of the court and the state, causing damage to the state budget.
Veselin Radulovic
Legal Representative of MANS
