Montenegro Rights Groups to Appeal Against Religious Gathering Ban

Human rights watchdogs in Montenegro have condemned the government ban on religious gatherings in public, saying they will take the issue to the country’s top court.

On Monday, the head of the Institute Alternativa, an NGO, Stevo Muk, called on the authorities to respect the constitutional and human right to peaceful gatherings and freedom of expression.

“State authorities and police must allow peaceful spontaneous gatherings, even if they are not reported [to police]. This is allowed by law in Montenegro, as well as in Europe,” Muk told BIRN.

“Arresting and punishing persons who peacefully protest and do not participate in violent acts is a violation of civil rights and can only provoke revolt,” he added.

On June 25, the National Coordination Body for Infectious Diseases announced that open-air religious gatherings would be prohibited unless they took place on church premises.

The same body also banned political gatherings in open spaces, as a measure against the spread of the coronavirus.

The ban interrupted resumed protests staged by the Serbian Orthodox Church against the new Freedom of Religion Law; the Bishops’ Council announced that the Church would halt its protest walks in accordance with the new health measures.

Continuing its protests against the law in another form, the Church on June 28 held prayers in church courtyards. But some citizens spontaneously organized short protest marches in the towns of Berane and Bar.

The Institute Alternativa and Human Rights Action, HRA, both said they would appeal against the ban to the Constitutional Court. The director of HRA, Tea Gorjanc Prelevic, said freedom of expression could not be banned, despite the pandemic.

“The right to protest must also be provided during this time of infection, with the application of restrictions, such as masks and maintaining distance,” she told BIRN.

“This [ban] is a violation of constitutional rights and we will appeal to the Constitutional Court,” Gorjanc Prelevic added.

After the government declared Montenegro a “corona free state” on May 25, over the last 10 days the number of new infections rose again to about 157 in total.

On June 24, Prime Minister Dusko Markovic told parliament that new COVID-19 infections were likely coming from nearby Serbia and Bosnia and Herzegovina.

He also accused Serbian Orthodox clergy of deliberately violating government measures, and of “endangering public health”.

The Serbian Orthodox Church, the largest faith group in Montenegro, resumed its street protests against the new religion law on June 14.

All over the country, bishops and believers continued their protest walks, which had started in December 2019. They want the government to withdraw the contested Freedom of Religion Law, which the Serbian Church says could be used to strip it of its property.

On June 22, police questioned the Serbian Church’s top bishop in the country, Metropolitan Amfilohije, about staging large public protests despite a ban on more than 200 people attending public gatherings.

On June 14, police arrested priests from the towns of Budva, Berane, Pljevlja, Podgorica and Danilovgrad, for violating health measures.

During the coronavirus epidemic, police have filed criminal charges several times against Serbian Orthodox clergy for violating government bans.

On March 19, they summoned a leading priest, Momcilo Krivokapic, and his son, Nemanja, for holding a service at a church in the town of Kotor. On March 20, a priest in Budva was put in custody for 72 hours for violating measures to prevent the spread of COVID-19.

On April 29, Metropolitan Amfilohije was grilled in the state prosecutor’s office for leading a funeral service; he insisted he had respected the government’s health measures.

On May 8, police filed a criminal complaint against four Serbian Orthodox priests for holding a liturgy on the streets in the town of Berane, on St George’s Day. On May 13, Bishop Joanikije of Niksic and seven other priests were placed in custody for 72 hours for violating the ban on public gatherings during the celebration of St Vasilije’s Day with thousands of believers.