08/07/2014 REGARDING MEDIA REPORTING ON THE RELEASE OF A MURDER SUSPECT

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08/07/2014 REGARDING MEDIA REPORTING ON THE RELEASE OF A MURDER SUSPECT

HRA noticed that the media paid particular attention to the decision of Podgorica High Court judge, Miroslav Bašović, not to detain a person suspected of having committed the crime of Aggravated Murder, Branko Đurović – Čiča, by publishing texts “Murdered his wife and is out on pre-trial release”, “Čiča on pre-trial release”, “Unbelievable: Man from Nikšić spent two days in detention”, some of which were also announced on the newspapers cover pages.

HRA noticed the lack of balance in informing the public about the said decision, since the media failed to present all the reasons that had led the judge to make such decision. The media did not cite the decision of judge Bašović nor interview the spokesperson of Podgorica High Court, where judge Bašović holds his position.

We have also noticed the sense of discontent pervading more or less the media’s coverage, because the man who is reasonably suspected of having committed the murder, and who reportedly confessed to the murder, was not immediately detained, but was granted pre-trial release.

HRA wishes to remind the public that detention is not a punishment before trial, but an exceptional restriction of human right to physical liberty when reasonably assessed that a suspect must be detained in order to ensure the smooth progress of criminal proceedings. Mandatory detention imposed in connection with the range of punishment prescribed for the crime a defendant is suspected of having committed, is contrary to international human rights standards that bind Montenegro and as such was deleted from Montenegrin legislation long ago.

Particularly poignant is the position of the brother of the late victim of a severe crime, Mladen Šekarić, who, as reported by daily Dan, declined to comment on the judge’s decision before learning about all the details of the decision.

All media should follow his example.