<\/p>\n\n\n\n
The court annulled the judgment of the High Court and sent the case back for a new decision.<\/p>\n\n\n\n
\"A.A. has been conducting court proceedings for 27 years because in December 1995, an excavator from the construction company \"Primorje\", during the widening of the road, permanently destroyed the graves of his ancestors - his sister and two uncles. The witness confirmed that the backhoe took away the earth, along with the remains,\" the court stated.<\/p>\n\n\n\n
Although the citizen initiated civil proceedings in 1998, his lawsuit was initially dismissed for procedural reasons, and then the defendant company entered bankruptcy.\u00a0It was only in April 2023, i.e. 25 years after the lawsuit was filed, that the Basic Court in Ulcinj made the first meritorious decision, ruling in favor of A.A.\u00a0and awarded him two and a half thousand euros, out of a total of five, as he requested, in the name of mental pain.\u00a0This verdict was confirmed by the Podgorica High Court.<\/p>\n\n\n\n
The Constitutional Court established that the Basic and High Courts did not at all deal with the right to respect for private and family life and the right to dignity of the citizen A.A, nor did they value the very concept of piety and care for the remains of a deceased person.<\/p>\n\n\n\n
\"A.A. was 52 years old when he initiated the procedure during the well-known crisis circumstances of the 1990s, and at the time of the decision of the Constitutional Court according to his submitted appeal, he is 79 years old and, according to the Court's assessment, he challenges the systemic failures of the state of Montenegro, i.e. the courts, with absolute constitutional arguments,\" the decision of the Constitutional Court states.<\/p>\n\n\n\n
The Council of the Constitutional Court concluded that the courts, when determining the amount of compensation for mental pain suffered, did not take into account the standards of the European Court of Human Rights related to the violation of the right to privacy.<\/p>\n\n\n\n
\"The reasons that decided the courts on the monetary compensation awarded in this way cannot be considered appropriate and sufficient, nor can they represent legal satisfaction for the applicant, and in the context of piety towards the remains in Montenegrin law, which piety gains importance by knowing that even today the applicant does not know where the remains of his relatives are,\" the decision of the Constitutional Court states.<\/p>\n\n\n\n
The legitimate goal and obligation of the state is the protection of the sanctity of the grave, that is, showing reverence for the deceased and respect for the peace of the graves, which the courts did not recognize, which resulted in a violation of the right to privacy.<\/p>\n\n\n\n
The Constitutional Court ordered the High Court in Podgorica to, in the retrial, look at such a complex issue in a broader context and pass a verdict based on the practice of the European Court of Human Rights. <\/p>","protected":false},"excerpt":{"rendered":"
The Constitutional Court of Montenegro found that the Basic Court in Ulcinj and the High Court in Podgorica failed to protect the right of A.A. to privacy and dignity, when they decided on the destruction of the cemetery of his sister and uncles, because they did not recognize the importance of the sanctity of graves and piety towards the remains of his relatives that were permanently destroyed, the statement reads.<\/p>","protected":false},"author":1,"featured_media":670027,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[10],"tags":[15552,1049,1369,4236],"naslovna":[],"class_list":["post-893855","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-hronika","tag-evropski-sud","tag-ulcinj","tag-ustavni-sud","tag-visi-sud-2"],"acf":[],"jetpack_publicize_connections":[],"_links":{"self":[{"href":"https:\/\/gradski.me\/en\/wp-json\/wp\/v2\/posts\/893855","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/gradski.me\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/gradski.me\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/gradski.me\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/gradski.me\/en\/wp-json\/wp\/v2\/comments?post=893855"}],"version-history":[{"count":0,"href":"https:\/\/gradski.me\/en\/wp-json\/wp\/v2\/posts\/893855\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/gradski.me\/en\/wp-json\/wp\/v2\/media\/670027"}],"wp:attachment":[{"href":"https:\/\/gradski.me\/en\/wp-json\/wp\/v2\/media?parent=893855"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/gradski.me\/en\/wp-json\/wp\/v2\/categories?post=893855"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/gradski.me\/en\/wp-json\/wp\/v2\/tags?post=893855"},{"taxonomy":"naslovna","embeddable":true,"href":"https:\/\/gradski.me\/en\/wp-json\/wp\/v2\/naslovna?post=893855"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}