Boris Mugoša, the head of the Social Democrats (SD) parliamentary group, addressed Marko Kovačević, the MP from New Serbian Democracy (NSD) and mayor of Nikšić, urging him not to evade the parliamentary Administrative Committee.

During a parliamentary address, Kovačević made a comment towards Mugoša, who retorted by telling him to “reveal himself to the Administrative Committee.”

“…That you should be addressing issues of immunity, not hiding away. Prove that you belong to the lineage of this state, rather than languishing behind the Administrative Committee… hero, hero,” Mugoša stated.

Video: Mihailo Jovović

The Higher State Prosecutor’s Office has initiated a case concerning Kovačević’s comments made during the commemoration of the 166th anniversary of the Battle of Grahovo in mid-June last year. As the mayor of Nikšić, he remarked that “those who do not wish to act like brothers, but instead mimic Turks, will be treated accordingly.” This comment was directed at “former rulers and their accomplices.”

After providing a statement to the police in June, Kovačević reaffirmed to reporters that he stood by his words, insisting that he did not insult or threaten anyone, and that “everything else is simply a fabrication of those who twist his words.”

According to Article 86 of the Constitution, a deputy cannot face criminal or other accountability or arrest for expressing their opinions or votes while performing parliamentary duties. Criminal proceedings cannot be initiated against a member of Parliament, and detainment cannot be ordered without the Assembly’s consent, unless they are caught in the act of a crime punishable by over five years in prison.

If a member of parliament, against whom prosecution seeks criminal proceedings or immunity revocation, is part of the parliamentary majority, they can obstruct the minority and dismiss the proposal. This occurred in March of this year when the Administrative Committee recommended to the Assembly not to approve the initiation of criminal proceedings against the current Minister of Economic Development, Nik Đeljošaj, as requested by the Basic State Prosecutor’s Office for inciting resistance.

Đeljošaj faced criminal charges due to accusations that he called for resistance while he and residents of Tuzi opposed anti-coronavirus government measures in 2021.

No indictment has been filed against Kovačević yet. Before this can happen, the criminal proceedings must be completed, which cannot commence until Kovačević’s immunity is lifted.

Jelena Nedović, President of the Administrative Board (Europe Now Movement), informed “Vijesti” in mid-October last year that lifting Kovačević’s immunity was not on the agenda for the board meeting set for October 18, as they were awaiting the prosecution to “submit an indictment.”

The Higher Prosecutor’s Office later stated that it had opened a case against Kovačević for inciting national, racial, and religious hatred, which is currently under investigation.

“At the request of the Administrative Committee, the prosecution provided the requested copies of the case file, and the Committee did not request an indictment proposal, nor were they able to according to the legal procedures,” “Vijesti” was informed.

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