Letter to president of the primary court in Nikšić Mr Rade Perišić

Dear Mr. Perišić,

We are refering to you regarding the problem of accessibility of the object of the Primary Courtin Nikšić, and concerning the process which is ongoing in this court, process number 1975/11 by Danijela Vušurović’s lawsuit against the Municipalityof Nikšić, and because of discrimination that she has been exposed to.
Namely, Danijela Vušurović is Executive director at the Association of Youth With Disabilities of Nikšić, otherwise a person with disabilities, wheelchair user. Vušurović was discriminated on October 10, 2011 due to inaccessibility of building of Municipality Nikšić and she suffered an accident when she sustained significant physical injuries and emotional pain.
As prescribed by article 18 of Anti-discrimination Law and article 8 of the Law on prohibition of discrimination of persons with disabilities that inaccessibility of the objects and areas which are in public use represents a discrimination, Danijela Vušurović has, supported by Centre for Anti-Discrimination “EQUISTA” on December 7, 2011 to Primary court in Nikšić, submitted a lawsuit against the Municipality Nikšić, for determining of discrimination and compensation of non-material/moral damage by which was on April 6, held the first hearing (examination of the witnesses). However, as the building of Primary court in Nikšić was not adjusted for persons with disabilities on the day of hearing of the witnesses, plaintiff could not attend to the hearing. On that occasion in front of the Primary court have gathered several representatives of organizations of persons with disabilities, who were, also, unable to access the institution where the judicial protection is being realized and justice is being satisfied, and point out the necessity of adjusting and making accessible same for all the citizens.
We emphasize that even we have understanding for act of judge who is conducting the case, Mr. Hajdarpašić that the plaintiff’s hearing, which is scheduled for May 23, this year, can be done outside the court building, in a place which suits to the plaintiff completely, we consider that this way of plaintiff’s consent to a hearing, also, meant a violation of human rights principles: dignity, non discrimination and equality, so we are addressing this letter to you ready for compromise solution.
We are very clear that it is very short term till May to do all necessary actions on making accessible the court’s building, however, we convey to you plaintiff’s willingness that the hearing in May can be held at another place, as far as by then you take all necessary actions and start adjusting the object, in a way of delivering us a written document confirming precise intention of adjusting ( conceptual design of building a ramp/lift, physically visible commencement of works and the like) which will be finished by the end of the year 2012. Otherwise, we will be forced to ask for the elimination of this obvious discrimination, because of inaccessibility of the court’s building, using court time/way, that is filing a lawsuit for protection of discrimination based on disability.
We invite you to consider this problem urgently and do everything that is in your power to ensure accessibility of the Primary court object in Nikšić for persons with disabilities, and thus respect the anti-discrimination law.
We are at your disposal in every way, in terms of resolving outstanding problem and in that sense you can count on our constructive and partnership relation.

With respect,

In the name of organizations listed below,
Executive director
of Association of Youth With Disabilities of Montenegro,
Marina Vujačić

Organizations of persons with disabilities:

Association of Youth With Disabilities of Montenegro
Center for Anti-Discrimination „Equista“
Association of Youth With Disabilities of Nikšić
Association of Youth With Disabilities of Kotor
Association of „PLEGIJE” Nikšić
Association of blind people for Nikšić, Šavnik i Plužine