WORLD NEWS FOR MONTENEGRO DIASPORA
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Author: M.J. Gdnus
More than a hundred lawyers supported an informal group of "Where to the Sutra", they have responsibility to do and indicate the irresponsible behavior of certain executive holders, but the struggle for the rule of law, justice and the future of all citizens Montenegro.
We transfer their letter to support in full:
"Tragic events in the capital Cetinje, Podgorica, Bala Polje, Tuzi, Bar and other Cafe Groups" Where to Surface ", indicate serious missions of the executive owner, before, and after these events.
The inadequate reaction of institutions and responsible persons executive authorities justified the dissatisfaction of citizens, especially young people (future prosecutors, lawyers, judges, doctors, engineers, professors, teachers, architects, managers and entrepreneurs. ..).).).
Given their importance for the future of Montenegro, they are not just entitled, but also the obligation to express their views and requirements, invoking the competent public office holders, not only moral, but also political and legal.
As lawyers, guided by civil, moral and professional ethics, we believe that we have the responsibility and obligation to give our opinion, ie to support students and at the same time point to irresponsible behavior of certain executive holders.
Legal basis of support
In order to prevent the wrong interpretations of this support, especially by "quasi lawyers" and politicians who are relaxed in the wrong legal interpretations of positive regulations, we are still in the first century before the new era, orator, philosopher and statesman Ciceron (Marcus Tullius Cicero) pointed out that the right is the fundamental pillar of the state and that true justice cannot exist without respect for the law.
Also, the French philosopher) in its numerous works indicated the key role of lawyers in legally regulated States, together with judges, contribute to maintaining the power of power and citizens, protect the rule of law .... "
It is based on these principles, our professional responsibility is based on the legal position and support for the students "where in the morning".
Democracy and the responsibility of the government
Montenegro is declaratively and normatively stubborn as a democratic society and aimed at democratic values. The Constitution Montenegro is the state of all its citizens, not a nation not a religion not parties .. !!!
The basic principles of democracy consists of:
- People's sovereignty - power arises from the people who is the bearer of sovereignty;
- Rule of law - All citizens, including holder of the authorities, are equally subject to respect in the application of laws without exception and selectivity;
- division of power - legislative, executive and judicial government must be strictly separated to prevent the abuse of power;
- political pluralism - the existence of various political parties, ideology and opinions enables the freedom of choice and debate;
- Freedom of expression and gathering - citizens have the right to express an opinion, criticizing power and organize peaceful protests;
- Guarantee and protection of citizens' rights - which, among others, in particular, entitlement to personal and property security, the right to the right to freedom of speech and the right of protests against decisions and the rule of assembly;
- The responsibility and transparency of the authorities - politicians and institutions must perform their work transparently accessible to all citizens ....
In accordance with the mentioned authorities, they are obliged to perform their functions conscientiously, legally and transparently, with the takeover of subjective and objective responsibility for their decisions and procedures in the departments. The bearers of public authorizations are responsible to citizens, regardless of whether their decisions were made with intent or not.
Objective responsibility has a political dimension, which is most often manifested by a moral act by filing a resignation or conscientious treatment of the superior to the removal of those responsible persons.
Therefore, all critics of peaceful protests "where in the morning" say that democracy is not the mere rule of the majority, but a system in which the government arises from the will of the citizens and functions in accordance with the Constitution and laws.
Thus, democracy in legal terms is not only a political system, but a set of norms governing the way the election of the government, the work of institutions, guaranteeing and protecting civil, personal and political rights.
The Constitution is the basic act of the state that defines all the above areas with which all other regulations of the state must be harmonized. Democracy implies a combination of legal norms and political institutions that provide citizens' sovereignty, rule of law and the protection of human rights.
Unfortunately, these principles were not only neglected in specific events, but also consciously ignored by individual carriers of public authority Which is why we assess that the gatherings and public protests of the informal group of students "Where to Deutra" is fully justified.
As professionally responsible persons, we point out all the "critics" of the informal group "Where to Democracy in legal and political terms, however, the decision of the majority of Montenegrin Princess interpret and perceive already democracy, in legal-political terms It means a form of rule in which the government arises from the will of the people and operates on the basis of compliance with the law, and thus respect for political rights and freedoms of citizens.
Right to protest as a democratic right
We remind all those who deny these protests that the right to peaceful gathering and expressing citizens' dissatisfaction is the basic democratic mechanism of government control, guaranteed both domestic and binding international general acts:
- Universal Declaration on UN Human Rights (1948)
- International Pact on UN Civil and Political Rights (1966)
- European Convention on Human Rights (1950), Articles 10 and 11.
Constitution of Montenegro in the chapter "Political rights and freedoms", in particular in the provisions of Article 52 paragraph 1, Article 56, paragraph 56, guarantees the citizens of freedom of gatherings, the right to express dissatisfaction with the government's ownership, the right to respite public Function.
Thus, protests are in legal and political terms of the legitimate means of citizens to indicate illegal, unjust or irresponsible procedures of state bodies. The state is obliged to enable citizens to express their views and give them an objective and adequate response.
The political function is not a private privilege, but public responsibility.
Unfortunately, instead of objectionable anti-corroded response to student requirements, called public office holders are apparent in order to avoid inappropriate students, so they are obliged to hold the basic judicial maxima: " Yes Mihi Facta, Dabo Tibi Ius ", ad Literam Translate: Give me facts, I'll give you the right. And especially on the constitutional and criminal law of the "presumption of innocence" that no one should be advertised by guilty while in lawful proceedings before the law, the competent authority is not determined.
Therefore, until they prove their claims before the competent authorities, we invite all political officials and state institutions and the media to refrain from such and similar procedures that further increase their responsibility.
In accordance with the above:
STOP PERSONALLY AND COLLECTIVE TARGETING STUDENTS!
Stop intimidation of students!
Stop criminogenic student classification!
Stop labeling and political classification of students!
Our support for students!
Therefore self-initiative with full responsibility we order you:
Dear Students, while you are constantly standing on the bumper of our homeland MI, the undersigned lawyers, we will be obliged to provide you with not only moral, but also professional support, Pro Bono (free legal aid) in the protection of your individual and collective rights before domestic and, If necessary international institutions for the protection of human rights, as long as they have a democratic non-violent and objectively acceptable character !!!
We also invite all colleagues of lawyers who are not the signatories of this support, judges, prosecutors and professors of rights and other reputable academicized citizens in the field of legal sciences to join us in defense of basic democratic values.
This is not a political issue, but a struggle for the rule of law, justice and the future of all citizens of Montenegro.
United in this end, we also express solidarity with young people and lawyers in Serbia, which are mistaken for the same principles - democracy, justice and responsibility.
The rule of law does not have an alternative! ".
The support has provided:
1. Nikola Marković, Tivat
2. Boris Marinović, Podgorica
3. Tijana Prelević, Podgorica
4. Smiljana Prelević, Podgorica
5. Dušan Lukšić, Podgorica
6. Miljan Knežević, Podgorica
7. Dunja Zeković Đonaj, Podgorica
8. Nikola Belada, Cetinje
9. Radojka Popović, Kotor
10. Nikša Miljanić, Tivat
11. Zoran Miljanić, Tivat
12. Tatjana Franović, Budva
13. Draško Dapčević, Budva
14. Slaven Šćepanović, Budva
15. Balša Polović, Budva
16. Veselin Radulović, Podgorica
17. Ivana Kovačević, Tivat
18. Irena Polović, Budva
19. Mirjana Počanić, Kotor
20. Josip Počanić, Kotor
21. Alma Karađuzović Đinđinović, Podgorica
22. Amra Ademović, Podgorica
23. Marija Živković, Podgorica
24. Sanja Radulović, Podgorica
25. Vukašin Šimrak, Herceg Novi
26. Bojana Franović Kovačević, Podgorica
27. Ksenija Franović, Podgorica
28. Nebojša Batrićević, Podgorica
29. Emir Bojadžić, Podgorica
30. Antonio Brajović, Podgorica
31. Aleksandra Miković ,Kotor
32. Mesuda Đečević, Podgorica
33. Ljiljana Đolević, Podgorica
34. Predrag Đolević, Podgorica
35. Petar Đukanović, Podgorica
36. Zorica Đukanović, Podgorica
37. Omer Mehmedović, Podgorica
38. Milja Đuranović, Podgorica
39. Vladan Đuranović, Podgorica
40. Vladimir Đurković, Podgorica
41. Fata Hodžić, Podgorica
42. Ismet Hodžić, Podgorica
43. Vuk Jaredić, Podgorica
44. Stefan Jovanović, Podgorica
45. Zoran Jovetić, Podgorica
46. Novica N. Jovović, Podgorica
47. Jadranka Kasalica, Podgorica
48. Marina Franeta, Kotor
49. Mihailo Volkov, Podgorica
50. Mehmed Markišić, Podgorica
51. Nela Marković, Podgorica
52. Orle Muratović, Podgorica
53. Zoran Piperović, Podgorica
54. Srđan Radović, Podgorica
55. Željko Damjanović, Cetinje
56. Vladimir Vujović, Cetinje
57. Vesna Čučković, Kotor
58. Čedo Dobrović, Podgorica
59. Ana Đukanović, Podgorica
60. Milivoje Raičević, Podgorica
61. Vesna Raičević, Podgorica
62. Žarko Pavličić, Podgorica
63. Senida Kojić, Podgorica
64. Stefan Prebiračević, Podgorica
65. Elma Kurtanović, Podgorica
66. Nikola K. Martinović, Podgorica
67. Dragoljub Đukanović, Podgorica
68. Aleksa Samardžić, Kotor
69. Zoran Samardžić, Kotor
70. Boško Grgurević, Kotor
71. Darko Radulović, Podgorica
72. Kosta Simanić, Podgorica
73. Rifat Feratović, Bar
74. Fahedin Feratović, Bar
75. Lana Vukmirović Mišić, Podgorica
76. Mirela Ćirković, Kotor
77. Duško Ćirković, Kotor
78. Bojana Đurović, Kotor
79. Radmila Muck Radičević, Kotor
80. Tatjana Jelić, Tivat
81. Batrić Marković, Berane
82. Radojica Lazović, Kotor
83. Irma Adrović, Berane
84. Marija Magdelinić, Berane
85. Almina-Minka Međedović, Berane
86. mr. Bećo Međedović, Berane
87. Filip Obradović, Berane
88. Marijana Radovanić, Berane
89. Vesna Đuričković, Kotor
90. Alija Sinanović, Bar
91. Izet Fetić, Bar
92. Anton Markić, Ulcinj
93. Nušo Kalač, Rožaje
94. Mersudin Dautović, Rožaje
95. Arben Hodžić, Ulcinj
96. Besmir Murati, Ulcinj
97. Jakup Murati, Ulcinj
98. Loro Markić, Ulcinj
99. Milena Iljazi, Cetinje
100. Vido Đakonović, Cetinje
101. Mesud Delagić, Podgorica
102. Milena Kašćelan, Kotor
103. Rusmir Nikočević, Podgorica
104. Milo N. Bulatović, Bar
105. Marta Šćepanović, Kolašin
