Human Rights Action (HRA), Spectra Association, Centre for Civic Education (CCE), Center for Monitoring and Research (CeMI), Centre for Women’s Rights (WRC), Centre for Civil Liberties (CEGAS), Centre for Democracy and Human Rights (CEDEM), Centre for Investigative Journalism of Montenegro, Centre for Development of non-governmental organisations (CDNGOs), Association of Professional Journalists of Montenegro (DPNCG), Association for Law and Finance (EALF), Institute Alternative (IA), Montenegrin Media Institute (MMI), Juventas, Media Centre, Prima, Media Trade Union of Montenegro and Queer Montenegro are protesting because of the illegal re-election of Boris Raonić as director of the RTCG and calling on the members of the RTCG Council who participated in that election to resign to public offices due to ignorance of a final court decision and assuming private interests in the public interest.
It is unacceptable for any public official, including members of the Public Service Council, to abuse public function by ignoring a final court decision, and disregarding the rule of law.
In the specific case, the court recently overturned the decision on the election of Boris Raonić as director of the RTCG, finding that he should not have been elected to that position in 2021 because he was in a conflict of interest at the time of application and election as a member of the Council of the Agency for Electronic Media. However, he has now been re-elected to the same position by the President of the RTCG Council Veselin Drljević and members of the RTCG Council Amina Murić, Predrag Miranović, Naod Zorić and Filip Lazović, acting contrary to the final court decision and their duty to respect the instructions from the decisions of the competent court, which is prescribed by Article 34 paragraph 2 of the Law on the National Public Broadcaster. Namely, the Law clearly stipulates that “none has the right to influence the work of a member of the Council in any way, nor is a member of the Council obliged to respect anyone’s instructions regarding his work, except for the decisions of the competent court.”
There is no doubt as to how the instruction from the final judgment reads. The Higher Court in Podgorica precisely pointed out that “the legal consequences of the annulment of the appointment decision are a re-election between the applied candidates or the annulment of the competition, in which procedure the defendant has the opportunity to reconsider the remaining applications and to decide in accordance with the law”. Based on this decision, the RTCG Council had only two options available: (1) to cancel the competition and announce a new one, or (2) to make a choice among the remaining candidates according to the contested competition. However, contrary to that, the RTCG Council decided to re-elect the disputed competition among all the original candidates and choose a person who the court has already determined that does not meet the conditions envisaged by that competition. By selecting candidates according to the conditions of the competition from 2021 and including Raonić among them, the aforementioned five members of the Council consciously abused their official position and caused damage to the public interest.
All public officials, including members of the RTCG Council, must respect court decisions, and it is very dangerous for the entire system when they are the ones who mock the governing rights. Therefore, we believe that the first step in trying to return to the rule of law is for these five members of the Council to resign immediately and continue their careers away from any public office. Their stay in those positions not only causes damage to the reputation of the RTCG public service, but also to the state of Montenegro, which will undoubtedly be noted in all relevant international reports.
Human Rights Action (HRA)
Spectra Association
Centre for Civic Education (CCE)
Center for Monitoring and Research (CeMI)
Centre for Women’s Rights (WRC)
Centre for Civil Liberties (CEGAS)
Centre for Democracy and Human Rights (CEDEM)
Centre for Investigative Journalism of Montenegro
Centre for Development of non-governmental organisations (CDNGOs)
Association of Professional Journalists of Montenegro (DPNCG)
Association for Law and Finance (EALF)
Institute Alternative (IA)
Montenegrin Media Institute (MMI)
Juventas
Media Centre
Prima
Media Trade Union of Montenegro
Queer Montenegro