The mayor of Nikšić and former New Serbian Democracy (NSD) MP, Marko Kovačević, is set to be questioned regarding his speech during the commemoration of the anniversary of the Battle of Grahovac, as confirmed by the Higher State Prosecutor’s Office (VDT) to “Vijesti”.

Kovačević stepped down from his parliamentary role yesterday, thereby relinquishing his immunity that had previously barred criminal proceedings against him for alleged hate speech.

Prosecutor Lepa Medenica, head of the State Prosecutor’s Office in Podgorica, indicated to “Vijesti” that the office will proceed according to legal protocols, sending a summons for questioning to the Nikšić mayor once conditions permit.

A legal expert mentioned to “Vijesti” that the decision to prosecute a suspect for hate speech or another offense relies solely on their interrogation before the prosecutor’s office as evidence.

The parliament is anticipated to ratify Kovačević’s resignation in its upcoming session next week. During his prior terms as mayor of Nikšić, he simultaneously served as an MP, having been appointed under the old Law on the Prevention of Corruption, which did not address the incompatibility of these roles.

At the end of September last year, the Agency for the Prevention of Corruption (ASK) ruled to annul decisions made earlier in 2023 under the leadership of Jelena Perović. This included assessments that the mayors of Bar, Kolašin, and Tuzi—Dušan Raičević, Vladimir Martinović, and Nik Đeljošaj—were not in conflict of interest, despite holding parliamentary positions.

The former Law on the Prevention of Corruption, in effect until the end of last year and implemented since 2016, allowed municipal presidents to also be assembly members. However, it stated that “a public official in state administration and local government bodies (secretariats, agencies, municipal administrations…) cannot serve as a deputy or councilor.”

In June of last year, the Law on the Prevention of Corruption was revised as part of the so-called IBAR Law, specifying that “an official performing duties in state administration and local government cannot serve as a member of parliament.”

In the meantime, Martinović and Đeljošaj transitioned to ministerial roles and vacated their parliamentary seats, while Kovačević, along with Branislav Nenezić from the Bar parliament, retained theirs.

Raičević resigned in October, while Kovačević, an NSD member, refused to do so, arguing that both terms began under the previous law. Nenezić has since appealed to the Administrative Court, awaiting a final ruling.

The State Prosecutor’s Office opened a case against Kovačević following his remarks at Grahovac, where he stated, “those who do not wish to act as brothers but resemble Turks will be treated accordingly,” referring to “former rulers and their henchmen.”

Kovačević delivered this speech at the 166th anniversary of the Battle of Grahovac, which was organized by the Serbian Orthodox Church.

After being questioned by Niksic police per the State Prosecutor’s Office’s directive, he asserted that he “spoke about reconciliation” and did not target any particular group.

“I referenced the Turks in the context of historical struggles our ancestors endured to defend their homeland and liberate themselves, and not in reference to today’s Turks or relations with Turkey,” he clarified.

Following Kovačević’s denial of the Srebrenica genocide upon assuming office in 2021, legal actions were initiated against him. However, the Higher Court in Podgorica ruled that while he denied the genocide, he did not incite national or religious hatred.

The parliamentary administrative committee has yet to discuss lifting Kovačević’s immunity, preventing him from being interrogated sooner.

The president of that parliamentary body, Jelena Nedović, mentioned in January during a televised appearance that any required documents from the Prosecutor’s Office would be reviewed by the Administrative Committee when received.

However, the VDT informed the same station that they had submitted all necessary documents.

“At the request of the Administrative Board, on October 7, 2024, the Supreme Prosecutor’s Office provided the required file copies. As the aforementioned request was not acted upon, an urgent follow-up was sent on December 17, requesting action that remains pending,” they stated in March.

The statement faced condemnation from Spajić, Milatović, the opposition, the president, NGOs…

In June of last year, Prime Minister Milojko Spajić characterized Kovačević’s statement as “horrible and unjustified,” while President Jakov Milatović condemned the “irresponsible and troubling narrative.” This sentiment was echoed by opposition parties and the ruling PES.

Kovačević’s alarming remarks prompted a response from Islamic Community Leader Rifat Fejzić.

“The mayor of Nikšić is finished with the Turks (interpreted as Turks, Bosniaks, Albanians…) now it’s the Montenegrins’ turn,” Fejzić posted on the X network.

The Ombudsman declared Kovačević’s speech as inappropriate and unacceptable, inciting intolerance and bigotry.

“The implication that the government will know how to manage the Montenegrins, should they not conform to expectations, suggests a radicalization of Kovačević’s party, aimed at provoking inter-ethnic and inter-religious tensions,” stated a joint statement from the European movement in Montenegro, Center for Monitoring and Research, and 35MM.

Additionally, the Center for Civic Education emphasized that the prosecution and police must address Kovačević’s chauvinism, hate speech, and fascism, as his actions dangerously escalate, encouraged by institutional inaction.

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