PODGORICA, 18.04.2018. – The first instance verdict of the Basic Court in Podgorica partially approved the request of In4s portal editor, Gojko Raičević, who sued the Ministry of Internal Affairs due to police beating on several occasional in 2015.
“The result of the evidence procedure of both, material evidence and assessment of testimonies of the witness and the prosecutor, as a litigant party, imposes an unquestionable conclusion that the prosecutor was subjected to actions prohibited by Article 3 of the Human Rights Convention “, stated judge Dijana Rovčanin . Article 3 of the Convention states that “No one shall be subjected to torture, inhuman or degrading treatment or punishment”.
Rovčanin ruled that the state i.e. The Ministry should pay Raičević 6,000 euros as a compensation for non-pecuniary damage.
Raičević sued the Ministry requesting 75,000 euros of compensation for non-pecuniary damage, since the Ministry failed to identify police officers who beat him three times during the protests of the opposition political alliance Democratic Front in Podgorica in the period from October 17 to 24, 2015.
However, judge Rovčanin rejected the claim as unsubstantiated. Remuneration for the suffered mental pains caused by breach of honor and reputation, as well as for violation of the right to receive and communicate information, the state will pay Raičević 4,000 euros. In addition, for the suffered fear compensation of 1,200 euros was awarded while 800 euros is foreseen for endured physical pain. For all these amounts, statutory interest is calculated.
“The plaintiff is obliged to compensate the prosecutor, within 15 days upon the validity of the verdict, costs of the dispute in the amount of 300 euros“, states the document.
The verdict states, as well that “in the concrete case, the state did not prove that the use of force was caused by the behavior of the prosecutor, on the contrary, it appears from the file that the prosecutor did not show resistance during the arrest.”
“In addition, the prosecutor’s injuries after the arrest have been confirmed. Although he filed a criminal complaint against unknown police officers which caused them, the state did not provide an explanation how they were inflicted. Therefore, and the court concludes that the limit of Article 3 of the Convention was reached,” states the decision.
It has been stated as well that there is no justification for the treatment of police officers, on October 24, 2015, against the prosecutor, who was peacefully standing on the street recording official vehicles.
“The state which has the burden of proof” did not provide the court with evidence that its employees in these specific circumstances were acting in accordance with the cited regulations, and from the case file it is established that the prosecutor experienced mistreatment by officials in a situation when he was standing on the street and did his job as a journalist. Such behavior of police officers is also a violation of the Code of Police Ethics and violates the integrity of a police officer… “, states the explanation.
It was also stated that, during the second attack, October 24, 2015, there was an interference with Raičević’s right to freedom of expression, guaranteed by Article 10 of the Convention.
Raičević announced that he will appeal to the second instance authorities because his lawsuit was not accepted fully.