Three residents of Berane, Montenegro, were acquitted of charges related to the alleged assault and threats against journalists during a public event. On August 8, 2022, Dušan Petrić, Drago Labović, and Vuko Došljak faced accusations that they attacked and threatened photojournalists Stevo Vasiljević and Boris Pejović, as well as journalist Balša Rudović, while they were covering the raising of a monument to the Chetnik leader Pavle Đurišić in Gornje Zaostro.
The Higher Court for Misdemeanors in Montenegro upheld the decision of the first-instance court in Bijelo Polje, which found insufficient evidence to support the accusations against Petrić and Labović. The court also confirmed a separate ruling that imposed enhanced parental supervision measures on two minors, aged 15 and 17, who had verbally assaulted Pejović during the incident.
Both the prosecution and the defense for the minors had their appeals rejected as unfounded. The court noted that the minor defendants had insulted Pejović, labeling him as a “traitor” and “Ustaše,” while demanding that he delete photographs documenting the monument removal.
During the trial, Vasiljević, Pejović, and Rudović described being subjected to verbal abuse and threats while they were engaged in their journalistic duties. Despite this, the court determined that Petrić and Labović were not the individuals who had behaved inappropriately, as the journalists did not recognize them as attackers during cross-examination.
Vuko Došljak was also acquitted of physical assault charges. Although witnesses confirmed he was part of the group surrounding the journalists, the court found that there was no definitive evidence that he physically attacked them as alleged. The court did note that Došljak had taken Vasiljević’s phone, but ruled that this action did not constitute a physical attack, defining it instead as rude behavior.
The state prosecutor’s office in Berane has appealed the ruling, asserting that the court committed significant violations of the misdemeanor procedure and that the evidence presented was misinterpreted. The prosecution argued that the victims clearly stated that the defendants had physically and verbally assaulted them in an organized manner.
In its ruling, the Higher Court emphasized that the victims did not corroborate the prosecution’s claims during their testimonies at the first-instance court, effectively discrediting the prosecution’s narrative. The court found that the evidence did not lead to an indisputable conclusion regarding the guilt of the defendants, thereby justifying their acquittal under the law.
While the court recognized that the two minors had committed a misdemeanor by insulting the journalist Pejović, it deemed the parental supervision measures appropriate given the lack of previous offenses and the absence of aggravating circumstances. The court considered recommendations from the Center for Social Work for the municipalities of Berane, Andrijevica, and Petnjica before determining the appropriate sanctions.
The minors’ defense argued that the court had not provided adequate rationale for the imposed measures and had not considered less severe options. Nevertheless, the Higher Court maintained that the first-instance court had appropriately evaluated all relevant circumstances without violating the principle of proportionality in sanctioning.
Following the incident, photojournalists Vasiljević and Pejović have initiated civil proceedings seeking compensation for damages, while Rudović has not filed a claim for such compensation.
