Police hurt the European Convention on Human Rights and the Constitution of Montenegro

During the eve of Cetinje on the occasion of Joaniki Micovic's introducing, on September 4 and 5, 2021, the European Convention on Human Rights and the Constitution of Montenegro, that is, their provisions related to the bothering of the torture, stated in five of the six of the six opinions on the complaints of citizens on September 2021. In relation to the behavior of the police during the aforementioned events, which were published on the site of the Institution of the Protector of Human Paul and Freedom.

Based on the documentation submitted, film material, the statement of the participants of the sets and the media reports, and above all the findings of the internal control of the Ministry of Internal Affairs of Montenegro, concluded that in the present case there was a injury of negative obligation (unfathomable use) and positive obligations (the disadvantage of the corresponding records and prevention of uncontrolled use of funds that are not recorded in the reports of the Commission established by the Police Directorate) under Art. 3 European Convention on Human Rights and Art. 28, st.2 and 3 Constitution of Montenegro, consisting in uncontrolled use of hemis agents and the amount of internal control registered in certain locations listed in this opinion - writes in five protector opinions.

Torture and torture

The aforementioned member of the European Convention on Human Rights refers to the ban on torture, and it says that "no one will be subjected to torture, inhuman or humiliating procedure or punishment", while in the attitudes of the Constitution, which is reconciled , his privacy and personal rights, "and that" no one should be subjected to torture or inhumane or humiliating treatment. "

The protector in his opinions indicates that for the State Prosecutor's Office, as an organ that performs the prosecutor's delicate the crimes of crimes and other punishable offenses that chase ex officio, it is necessary for legal and up -to -date proceedings, with the enabled to submit to the applicant's availability of the procedure itself, to the extent of which is o necessary to protect his rights.

In this regard, the patron saint sent the applicants to the complaint to file a complaint with the competent state prosecution for the eventual initiation of the proceedings.

In relation to the medical documentation provided by the complaints of complaints, the professional person engaged in the patron saint in his opinion indicates that the attached medical documentation was "incomplete, imprecise, vague, even wrong, and in some places contradictory (in terminology, descriptions, diagnoses, diagnoses ) ".

Keeping the patron saint of the underwater that, according to the Istanbul Protocol, the role of health workers, who are first in contact with the victim and adequately documenting the signs of torture and thus protecting human rights, as a basis for human health and well -being.

The protector in opinions is also reminiscent of earlier recommendations to the Police Directorate to make the training of police officers on the negotiating management of protests and the dangers of chemical irritants, the practical and consistent respect of the instructions for the ungodly use of chemical irritants, the risks of multiple exposure, the factors of the environment and the risks of the direct exposure of trauma poorly targeted ammunition as well as other risk factors.

A formalistic approach to the police

The patron saint also states that the Director of the Police Directorate Zoran Brdjanin formed a square commission on the considering the circumstances of the use of the funding of the Calculations, which was made up of Officers UP, which in its opinion of September 13, 2021, concluded that police officers acted in accordance with the Law on the Law of internal affairs.

Also, the head of the Operations Staff, as well as three assistants, made a special report with analyzing police officers UP from the 14th Seprambra 2021, in which one of the conclusions was that the engagement officers had applied for settled tasks for quality, effective and lawful The way, with the least adverse effects of all present citizens and residents of the Ctinja capital.

However, the internal police control department - the Ministry of Internal Affairs in the report of 30 June 2022 found that the number of use of the co -produced at one of the locations was shown in reports, a total of 31, while the number of funding used in the recording in the recording 85, while suspected of using the prinade in total number of 24, and that on the basis of the factual situation, the difference between the actually used for the prinade obtained on the basis of the analysis of the recording and the number of funding displayed in individual reports on the use Princes.

The protector assesses this approach as a "formalistic" and in the adoption of the opinion of the Commission and in a special report, which are exclusively based on reports of the management of the Police Directorate Sector, who, according to the plan, were engaged and used the funding on the occasion.

That is, without a collection other relevant data, as prescribed by Article 96 of the Internal Affairs Act, all at the fact that a stated difference between a really used number of funding was obtained on the basis of the analysis of the recording and the number of funding shown in the individual reports on the use of princes - he states - in opinions.

Rubber bullets

In two opinions, the protector also calls for a finding of a specialist in court medicine from Croatia, who claimed that injuries sustained by some of the demonstrants did not arise from a rubber bullet.

She stated that the medical documentation that was delivered to her was "incomplete, imprecise, unclear, even too much and in some places contradictory (in terminology, descriptions, diagnoses); The photos are without tags, often unclear (understandable because it is not a professionally made footage). "

Comparing objectively established injuries with anamnestic data obtained by injured persons, their symptomatology, as well as taking into account the funds used as police officers, as well as the persons who filed complaints itself, still think that the injuries were not inflicted on the right rubber bullets, but The same produced by the action of chemical agents from different types of weapons used, by the action (fragments) of fired/exploded means, as well as the dismissal of the body due to the explosion and the fall and the impact of the soil - concluded a doctoral medicine.

Ombudsman also hired a specialist toxicological chemistry, which said that "there are no realized measurements that would give a picture of the content of the container in the air or other life -midnight segment of Cetinje, as before on the 5th of September 2021, on the day of the use of hemical agents , but not later. "

However, the protector does not exclude a different toxic influence on people with special previously registered characteristics of a weaker health condition, for which additional specialist and other examinations and tests need to be done and establish a causal-effect relationship between a health condition and the use to influence (acutely and in a long period of time) on each face individually - the Ombudsman report reports.

Zekovic: serious objections to Ombudsman's actions

Civic activist Aleksandar Sasa Zekovic said yesterday that he has serious and founded remarks to a procedure that has been carried out at the Institution of Human Rights and Freedom of Montenegro and that he is expecting an interview with Ombudsman Sinisa Bishkovic on this occasion.

Citizens of Cetinje, Niksic, Podgorica and other environments, which I have assisted in addressing different institutions for the protection of human rights, received an answer from the Institution of Human Rights Protector with exactly 50 days of delay. Namely, the answer signed by Deputy Mirjana Radovic was dated to December 30, 2022, and the same was addressed to citizens only on the 20th February 2023. So, it is a legitimate request to clarify why it was waiting for a full 50 days to send opinions - says Zekovic.

He says that she is a specialist in toxyocological hemistry Danijela Š

I remind you that on the same day, on September 5, 2021, I pointed out that police officers collected the patron of the tear gas used to cover the facts about the actually used chemical agents on Cetinje. I also posted evidence of it. The internal police control confirmed our allegations and found that a significant number of police officers and elders had forged and faked reports on the use of hemisy resources. The criminal proceedings were initiated against them and one number is temporarily removed from the service because of this - said Zekovic.

As he added, in the institution of the patron saint of human rights and freedom of Montenegro, the proactive approach was absent, and on the same day, he says, they could request appropriate measurements of air pollution.

All this was absent and their work on most complaints ended only after almost 16 months from their submission. The adequate communication of those responsible faces in the institution of patron saint with citizens and applicants who could help and additional health examinations, completed medical and other documentation, were absent, also providing clarification - said Zeković.

Praises that in opinions you have recognized certain objections and issued recommendations that fully correspond with our requirements and expectations on which we insist since September 2021.

However, it is evident that it has been absent, a children's children's and proactive approach for which I do not consider the responsible Bishop, but I believe that he can recognize and determine who he is - concluded Zekovic.

Source- POBJEDA