Unfortunately, we must admit that this judgment has shown a number of shortcomings in the functioning of the judicial system in Montenegro. First of all, ignorance and stubbornness of those in charge led to a legal disgrace because each of the 262,000 people who viewed the video that we have set up on Youtube.com (www.youtube.com/watch?v=qcdJjed1aAc), had the opportunity to see what it was all about. The judgment, which was initiated by our claims compiled by the lawyer Azra Jasavić, is a turning point in the struggle for a society without torture we started eight years ago.
The judgment of the court in Strasbourg stated that there has been a violation of the Article 3 of the Convention and that the state should conduct a fundamental and independent investigation.
The Strasbourg Court has a different legal logic than Sasa Čađenović, Deputy Basic State Prosecutor, who has in this regard issued the Decision on dismissal of criminal charges for the crime of torture and ill-treatment, because he felt that the actions of officers of ZIKS do not have essential elements of the reported criminal offense or some other criminal offense that is prosecuted ex officio.
The judgment of the court in Strasbourg also stated that the decision of the State Prosecutor to discontinue criminal proceedings were not based on an adequate assessment of all the relevant facts available in this case, particularly the fact that the Ombudsman found and the results of the disciplinary proceedings.
With this did not agree nor Montenegrin judges. Basic Court in Danilovgrad on two occasions – one by a panel of judges Vladimir Novovic, Zeljko Raičevića and Zeljko Vukovic, and the second time in the panel of judges Nina Mitrovic, Vladimir Novovic and Zeljko Raičevića, rejected the request for an investigation for the criminal offense of abuse and torture and grievous bodily harm. The very first time, the court in Danilovgrad rejected the request for an investigation on the grounds that the request for an investigation should be submitted to the Basic State Prosecutor’s Office, although the Prosecution had refused to carry out an investigation and announced that there are no elements of the crime, and the request is submitted by the legal instruction, Prosecutor Čađenović. The second time, the court in Danilovgrad denies request for an investigation on the grounds that the force that is applied to the damaged Milich / Nikezić has not been aimed beacause of extracting a confession or to intimidate or punish illegal, nor have they been applied in a manner that offends human dignity, but was necessary because it was applied in order to eliminate the resistance that Milic and Nikezić provided. All who saw the video link know that Milic and Nikezić did not resist and that they were treated contrary to human dignity.
So much for our prosecution and judiciary, as well as their sensitivity to human rights. They are still working in the justice system and some of them were promoted.
Later, in the proceedings in front of the Court of Human Rights in Strasbourg, the government has decided to reject the suggestion that was to offer the settlement, which was then given by legal representative of Montenegro in front of the Court, the Minister of Justice, Zoran Pazin. The explanation was that they were convinced in the failure of our lawsuit, which leads us to the conclusion that neither the Government has seen some elements of the Court indisputably established. We hope that the federal minister Mr. Pazin and his experience in this area, changes some things in Montenegro, which his predecessors did not know or did not have the courage to do so.
We remind that Director of ZIKS in that time stated that there are no elements of torture, but his career ended so he was dismissed.
From this judgment states should learn first of all that the judicial system protects citizens and public interest, and not to protect the organs that coercive measures used without control, without respecting any rule. Therefore, we invite competent in the judicial system that in the educational programs include practice of the European Court of Human Rights, and that for those who inflict this kind of damage, primarily above, reconsider their further engagement in our judiciary and prosecution.
The phrase that justice is slow but attained, proved to be correct this time. We invite all those who have similar problems to contact us. We promise that we will not give up the fight, no matter how long it will take.
The verdict can be downloaded HERE
President of the GA