The reaction and clarification from the Police Directorate regarding the misdemeanour proceedings initiated against journalist Brano Mandić, due to value judgments expressed in his column, are deeply disturbing. It demonstrates an excessively restrictive approach by this state institution towards freedom of speech, contradicting the Police Directorate’s proclaimed goal of “achieving European standards.”
Media and human rights non-governmental organizations firmly believe that even subjecting the journalist to a misdemeanour procedure in this case threatens freedom of expression, as it discourages constructive debate on important social issues. Therefore, we urge experienced legal professionals within the Police Directorate to intervene and stop the further embarrassment of this institution.
The Police Directorate insists that it is acting “lawfully.” However, in this case, the application of the law requires a basic understanding of European standards in accordance with which the law must be interpreted, especially in a candidate country on its path to the European Union membership.
We remind that the police are prosecuting journalist Mandić for his reaction to the TV appearance of a university professor, who told a female host that he particularly liked what was “above and below the shirt she was wearing.” In response, Mandić sarcastically wrote that “it is fortunate for a female journalist to be the object of desire of an old goat who teaches young people that without him, there is no strike…”
Had Mandić, without any context, called someone in a public space an “old goat,” it could be considered rude and offensive behaviour. However, in this context, it must be acknowledged that the journalist was provoked by an inappropriate public statement from a professional educator (!) and used language that responded to that provocation.
Through his column, Mandić defended the dignity of his female colleague against the professor’s sexist remarks and highlighted the unacceptable silence of the authorities in this case. Now, however, the Police Directorate is threatening him with imprisonment for this.
As we stated earlier, Mandić’s text and the satire he used to criticize the inappropriate behaviour of the university professor are protected by European standards in a democratic society. The European Court of Human Rights has long established the rule that freedom of expression also protects offensive expressions when with a justification, as a response to provocation, and in that context of a public debate of on matters of general interest – all of which apply in this case.
Given these arguments, by insisting on misdemeanour proceedings, the police of the state of Montenegro is sending a disturbing message to all free-thinking individuals who dare to engage in a more polemical, provocative critique of unacceptable behaviours in our society.
We fully support journalist Brano Mandić, who courageously shed light on a shameful public incident – something he had every right to do.
Once again, we call on the Police Directorate to reconsider our arguments and abandon the misdemeanour procedure.
The civil sector will inform relevant international organizations about the decision of the competent state authorities and will closely monitor developments in this case.
Human Rights Action (HRA)
Center for Democratic Transition (CDT)
Centre for Civic Education (CCE)
Center for Investigative Journalism (CIN)
Women’s Rights Center (WRC)
Montenegrin Media Institute (MMI)
Media Center (MC)
Network for Affirmation of the NGO Sector (MANS)
Trade Union of Media of Montenegro (SMCG)