CASE OF JASAVIĆ v. MONTENEGRO
Violation of Article 6 - Right to a fair trial (Article 6 - Civil proceedings;Article 6-1 - Reasonable time)
Jon Fridrik Kjølbro;Ledi Bianku;Nebojša Vučinić
4. The applicant was born in 1964 and lives in Podgorica. 5. Between 3 December 2002 and 15 September 2003 the daily newspaper Dan published several articles about a human trafficking case in Montenegro, in which the applicant’s name was mentioned in various contexts. 6. On 22 October 2004 the applicant instituted civil proceedings against the publisher of the said newspaper, seeking compensation for nonpecuniary damage due to violation of his honour and reputation caused by the publishing of untrue information about him. 7. On 4 June 2010, following a remittal, the Podgorica First Instance Court ruled partly in favour of the applicant, ordering the publisher to pay the applicant 8,000 euros (EUR) in non-pecuniary damages and to publish the judgment in Dan, the daily newspaper in question. 8. On 22 October 2010 the Podgorica High Court amended this judgment by awarding the applicant EUR 4,000 as compensation for the non-pecuniary damage suffered, which judgment was served on the applicant on 29 November 2010. 9. The applicant lodged a constitutional appeal on 14 January 2011. 10. On 7 April 2011 the Constitutional Court dismissed the applicant’s appeal. This decision was served on the applicant on 19 May 2011.