Human Rights Action (HRA) is pleased to mark the anniversary of the first Pride Parade in Montenegro, which was held on 24 July 2013 in Budva. At the same time HRA warns that the Prosecution’s decision to prosecute only one, unidentified person, out of a number of perpetrators who attacked the parade parade-goers and the police in front of TV cameras, and destroyed public property during both parades in Budva and in Podgorica, threatens not only the rights of the LGBT community, but also the rule of law in Montenegro.
HRA recalls that during the first Parade in Budva, both citizens taking part and police officers who protected them were attacked, while in Podgorica only the police officers were attacked, because hooligans were not able to approach them. The hooligans were, according to statements of the Police Directorate “throwing bottles, chairs, stones and smoke bombs.” During the parade in Budva two people, participants of the parade were slightly injured, while in Podgorica 20 police officers were injured. The damage in Podgorica was estimated at 20,000 EUR. The police detained more than 80 people, 22 in Budva and 60 in Podgorica.
The epilogue of these attacks is only one criminal charge against unidentified persons for Serious bodily injury, for throwing stones at police officers during parade in Podgorica.
In a written response addressed to the HRA, the Supreme State Prosecutor’s Office stated that it did not conduct criminal prosecution “because it was determined that there was no criminal offense that can be prosecuted ex officio,” and that “none of the participants of the parade reported physical assault at the premises of the Local Police Unit”. It is also stated that on video footages from Budva “none of the participant who were throwing stones and similar objects were identified.”
It is disturbing and shocking that the State Prosecutor’s Office was not willing or able to recognize in the behaviour of the hooligans not even one of the nine possible offenses under the Criminal Code (CC): Acts of violence (Article 399), Attack on a person acting in an official capacity during performance of an official duty and Prevention of a person acting in an official capacity from performance of an official act (Articles 375 and 376), Prevention of public gathering (Article 181), Infringement of freedom of speech and public appearance (Article 178), Infringement of equality of citizens (Article 159), Abuse (Article 166), Threat to security (Article 168) and Destroying and damaging another’s things (Article 253).
It is incomprehensible that none of the police officers reported even one of the many perpetrators who threw stones at them in this way, i.e. prevented them from performing their duty, which are all criminal offenses. On the other hand, we have witnessed the decision of the police to arrest and of the prosecution to prosecute people who were protesting peacefully, by sitting on the street in front of the Government building during a separate event.
With such condescending approach to the hooligans, the police and the public prosecution only encourage uncivilized, hateful and violent behaviour towards fellow citizens of minority sexual orientation. The Supreme State Prosecutor’s Office is sending a clear message that it does not want to undertake a decisive action of criminal prosecution and show both the perpetrators and society as a whole, that such behaviour towards LGBT people, as well as to anyone else, is totally unacceptable and punishable on several grounds.
The conclusion that no criminal offence was committed during the violence that marked both Pride parades can be made only by a homophobe or an ignorant – both options are deleterious to the rule of law in Montenegro.
