Human Rights Action (HRA) calls on the competent authorities to investigate the circumstances in which mobile phones were forcibly taken from environmental activists Vuk Iković and Aleksandar Dragićević, and to ensure the protection of activists who draw attention to threats to human health and the environment.

On 23 October, after being attacked on the premises of “Naša farma” in Spuž, where they were documenting locations used to bury animal carcasses, the activists gave statements at the Danilovgrad Police Station. A farm employee had forcibly taken their phones, which the police returned to them only five to six hours later.

The activists were informed that the competent state prosecutor had found no elements of a criminal offence subject to prosecution ex officio in their actions, but also that “Naša farma” would bring a private prosecution against them. This prosecutorial decision does not remove the need to examine separately the circumstances of the attack and the taking of their phones, as well as the allegations of environmental harm.

Protecting private property does not, in itself, authorise employees to use violence against others, take their phones or access their contents. We demand that the competent authorities establish all the circumstances of this incident, including who had possession of or access to the devices while they were out of the activists’ hands, and whether their data were accessed without authorisation.

According to the information available to us, the activists’ accounts on messaging apps intermittently appeared as active during the day while they had no access to their phones. Privacy, the confidentiality of correspondence and data integrity must be protected, and any action by state authorities involving the devices and their contents must have a legal basis.

HRA further warns that the protection of private property must not be used as a reason to disregard the public interest in investigating allegations of systematic pollution and threats to human health, particularly when inspectors have already identified improper practices and ordered urgent corrective action.

According to a statement by the initiative “For the Zeta River, for a Resilient City”, and judging also by the statement of Vladimir Đaković, Director of the Administration for Food Safety, Veterinary and Phytosanitary Affairs, the Veterinary Inspectorate had identified irregularities at the same farm several days earlier and ordered the immediate closure of a pit containing animal carcasses. The competent authorities should disclose exactly what was found, which measures were ordered and whether they have been implemented. It is particularly important to investigate the activists’ allegations of possible contamination of a local stream and its potential impact on water sources.

Gathering and communicating information of public interest, particularly concerning the protection of human health and the environment, is protected by the right to freedom of expression under Article 10 of the European Convention on Human Rights. As a party to the Aarhus Convention, Montenegro has also undertaken to ensure that people exercising their rights under the Convention are not penalised, persecuted or harassed for their involvement (Article 3, paragraph 8).

We call for:

• The competent authorities to investigate the circumstances surrounding the use of force and the taking of Vuk Iković’s and Aleksandar Dragićević’s phones, including who had possession of or access to the devices and whether their contents or data were accessed without authorisation;
• The preservation of recordings and other potential evidence collected by the activists;
• The competent veterinary and environmental inspectorates to urgently inspect the site, establish whether the earlier order to close the pit containing animal carcasses has been complied with, and publicly disclose their findings and the measures taken;
• All further action to take account of the public interest in protecting human health and the environment, as well as citizens’ right to document and report suspected unlawful conduct.