A court in Montenegro has acquitted three men of assaulting and threatening journalists during a public event last year. On August 8, 2022, in Gornje Zaostro, the accused—Dušan Petrić, Drago Labović, and Vuko Došljak—were alleged to have attacked photo reporters Stevo Vasiljević and Boris Pejović, as well as journalist Balša Rudović, while they were documenting the unveiling of a monument to the Chetnik leader Pavle Đurišić.
The Higher Court for Misdemeanors of Montenegro upheld a lower court’s decision that found insufficient evidence to support the charges against Petrić and Labović. The judges noted that during the trial, the journalists did not identify the defendants as those who behaved inappropriately.
Additionally, the court confirmed a part of the first-instance ruling involving two minors from Berane, aged 15 and 17. These minors received a corrective measure of enhanced parental supervision for at least one month and no more than six months for verbally assaulting Pejović. The appeals from the prosecution and the defense of the minors were rejected as unfounded.
During the incident, the journalists reported being subjected to insults, threats, and physical aggression while performing their professional duties. The court found that the evidence did not conclusively establish that Došljak physically assaulted the journalists. Although witnesses indicated that he was part of a group surrounding the reporters, there was no clear contact as described in the charges.
The first-instance court, presided by Judge Petar Varagić, accepted the defenses of Petrić and Labović. The judge emphasized that the evidence presented did not show a definitive conclusion of guilt. While Došljak was accused of taking Vasiljević’s phone, the court ruled that this action did not constitute physical assault, but rather could be interpreted as rude behavior.
The Basic State Prosecutor’s Office in Berane has appealed this decision, arguing that significant procedural violations occurred, and that the court’s reasoning was unclear and contradictory. The prosecution maintained that the witnesses clearly stated that the defendants assaulted them both physically and verbally, acting in an organized manner.
Nevertheless, the Higher Court did not accept the prosecution’s claims, highlighting that the witnesses had not corroborated the prosecution’s allegations and had effectively contradicted them during their testimonies. The court affirmed that the evidence did not support a certain conclusion regarding the defendants’ guilt.
The Higher Court agreed that the minors had committed an offense by verbally attacking photo reporter Boris Pejović, calling him derogatory names and demanding that he delete photographs of the monument’s removal. One of the minors snatched the phone from the reporter to check the image gallery.
In its decision, the court noted that the first-instance court had provided clear and reasoned conclusions regarding its findings. The sentencing took into account assessments from the Centre for Social Work for Berane, Andrijevica, and Petnjica, and the fact that the minors had no previous offenses.
In the absence of aggravating circumstances, the court deemed that enhanced parental supervision was appropriate and sufficient to meet the objectives of educational measures aimed at protecting, supervising, assisting, and strengthening the responsibility of the minors involved.
The defense of the minors argued in appeal that the court had not provided concrete reasons for the imposed measure and had not considered lesser measures such as reprimands or specific obligations. The Higher Court countered that the first-instance court had correctly evaluated all relevant circumstances and had not violated the principles of proportionality or individualization of the sentence.
As a follow-up to the incident, photo reporter Balša Pejović and journalist Balša Rudović have been directed to pursue civil proceedings for potential damages. However, Vasiljević has not filed a similar claim.
