BASIC STATE PROSECUTION IN PODGORICA
Podgorica, 21 June 2014
On the basis of the articles published on 14, 16, 17, 18, 19, 20 and 21 June 2014 (from first to third page), in the independent daily “Informer”, we submit:
The initiative for submission of a proposal
for acting of the Basic State Prosecution
in accordance with provisions of Article 11 and Article 12 of the Media Law
The relevant regulation:
By the Constitution of Montenegro (Official Gazette of Montenegro, No. 1/2007 from 25/10/2007, see Amendments from I to XVI-38/2013-1): “The dignity and security of a man shall be guaranteed. The inviolability of the physical and mental integrity of a man, and privacy and individual rights thereof shall be guaranteed.” (Article 28, paragraph 1 and 2).
By the Media Law (Official Gazette of Republic of Montenegro, No. 51/2002 and 62/2002, see Article 159 of the Law-46/2010-19, see Article 37 of the Law-40/2001-1), it is prescribed: “On the basis of the State Attorney’s proposal, the competent court may ban the distribution of the publicized media programming that: invites forceful destruction of the constitutional system and violation of the territorial integrity of the Republic; infringes on the guaranteed human and citizen’s freedoms and rights; or instigates national, racial or religious intolerance or hatred” (Article 11).
“On the basis of the State Attorney’s proposal, the competent court may adopt, in compliance with the Article 11 of this Law, the decision on temporary banning of the publicized programming distribution until the decision on the ban comes into effect.
The court shall decide on the issue based on the proposal referred to in the paragraph 1 of this Article not later then 24 hours from the moment of its submitting.
The competent court is obliged to forward immediately the decision on temporary banning to the founder, printing company and distributor.” (Article 12).
Taking into account all of the subject articles, as well as relevant regulations, we believe that in this particular case, namely in the programme content of the independent daily “Informer”, a violation of human rights and freedoms has occured, namely the violation of dignity and integrity of Ms. Vanja Ćalović.
In this regard, we request that you take all steps and actions in line with your authority and act in accordance with provisions of Articles 11 and 12 of the Media Law, namely to submit a proposal to the competent court to ban distribution of the publicized media programme of the independent daily “Informer” that violates human rights and freedoms of a man and a citizen.
Submitters of the Initiative:
Ana Novaković, Executive Director of the Centre for Development of Non-Governmental Organisations (CRNVO)
Biljana Zeković, Executive Director of the SOS Hotline for women and children victims of violence Podgorica
Daliborka Uljarević, Executive Director of the Centre for Civic Education (CCE)
Goran Đurović, Chairman of the Managing Board of the Coalition of NGOs „Through Cooperation to the Aim“
Hatidža Neljaj, Executive Director of the SOS Hotline for women and children victims of violence Ulcinj
Ljupka Kovačević, Coordinator of the Centre for Women and Peace Education ANIMA
Ljiljana Raičević, Executive Director of the Shelter
Maja Laković Drašković, Human Rights Expert
Maja Raičević, Executive Director of the Women’s Rights Centre
Marina Vujačić, Executive Director of the Association of Youth with Disabilities of Montenegro
Milan Šaranović, Director General of the Centre for Antidiscrimination EKVISTA
Milenko Vojičić, Executive Director of the Association of Plegije Nikšić
Milka Tadić Mijović, Executive Director of the weekly “Monitor”
Nataša Međedović, Executive Director of the SOS Hotline for women and children victims of violence Nikšić
Slavica Striković, Executive Director of the Women’s Action
Stevo Muk, Chariman of the Managing Board of the Institute Alternative
Žarko Rakčević, Coordinator of the Forum 2010
- State Supreme Prosecutor Office
- Basic State Prosecution in Podgorica