Lawyer and former Commissioner for the Protection of Personal Data and Information of Public Importance, Rodoljub Šabić, tells "Vreme" regarding the detention of up to 30 days for former provincial official Goran Ješić and Novi Sad councilor Miša Bačulov that everything indicates that the prosecution is acting on a direct order
On occasion determination of custody up to 30 days to the former provincial official Goran Ješić and Novi Sad councilor Misha Bachulov, lawyer and former commissioner for the protection of personal data and information of public importance, Rodoljub Šabić, told "Vreme" that this is a measure that is imposed only in exceptional situations, when it is necessary, but he believes that that is not the case when it comes to them.
"This is a situation that we have been facing for at least half a year, primarily through the actions of the prosecution, in various situations when citizens used their constitutionally guaranteed rights to demonstrate against the government's measures." "The prosecution qualifies it as a call to overthrow the constitutional order and order detention, even though it is the harshest measure against one of the basic human rights," says Šabić.
This indicates, he adds, that the prosecutor's office is completely instrumentalized and that it is working under direct orders.
"There is no doubt that detaining people under these conditions is extremely problematic," says Šabić.
The interlocutor of "Vremen" emphasizes that, according to the Law on Criminal Procedure, detention is not imposed as a regular measure, but only when another, milder measure cannot ensure the presence of the accused and the course of the proceedings.
"Everything that is happening looks like, on the one hand, retaliation against those who dared to express their dissatisfaction, and on the other hand, intimidation of potential students of the protest," says Šabić.
Action of the police questionable and dangerous
The former commissioner for the protection of personal data and information of public importance points out that Ješić's case points, for the umpteenth time, to the issue of police behavior.
"The law on the police clearly states that a police officer, if he is not in uniform, must present himself with identification before any exercise of authority. This is completely forgotten in our police.
I pointed that out because it is high-risk both for the citizens and for the police itself. "Such a conflict can escalate and lead to a conflict with tragic consequences," Sabić warns.
He says that on the X social network, where he initially expressed his position, they denied him and said that a police officer can introduce himself orally, without a badge or identification.
According to the CPC, detention is an exceptional measure, it is determined only if the presence of the accused and the course of the proceedings "cannot be achieved by other measures".
The ease with which the prosecution proposes detention for the participants in the demonstrations has nothing to do with it.
The goal is intimidation and retaliation,
the court is obliged to prevent this.- Rodoljub Sabic (@RodoljubSabic) November 8, 2024
He adds that in that "attempt to mislead the public" they forgot about prequired that the police present themselves with a mandatory ID and badge. And exceptionally, when the legal purpose cannot be achieved in any other way, he presents himself only with the shout "Police" and after finishing his actions, the policeman re-legitimizes himself in the prescribed manner.
"They are trying to make a rule out of something that is only exceptionally allowed," concludes Šabić.
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