In May 2008, victims families from Murino filed a lawsuit against the state of Montenegro, seeking compensation in individual amounts ranging from 13,000 to 20,000 euros.
They cited an article in the Law on Obligations which says that the state is liable for deaths, bodily injuries or damage caused by acts of violence or terror if state institutions were obliged under the countrys legislation to prevent them.
In the lawsuit, 28 victims relatives accused the Montenegrin authorities of failing to detect attacks by NATO aircraft over its territory and to warn the public of possible impending dangers. They claimed that the authorities had been informed by NATO about every target that would be attacked.
Velija Muric, a lawyer representing the families, argued that the Montenegrin authorities were obliged to warn villagers in Murino before the bomb attack by sounding alarms or issuing a public warning.
NATO forces announced every raid and overflight for humanitarian reasons, they claimed. Montenegro is to blame for the fact that neither the local authorities in Murino, nor the police or the army, made it known that people should take shelter. The state authorities are responsible for not doing it, both morally and in humanitarian terms because these victims were innocent, Muric told BIRN.
In August 2010, the Basic Court in Podgorica ruled that the state should pay 69,000 euros in compensation to five family members of Manojlo Komatina, one of those who was killed in the bombing. After the state appealed to the Higher Court in Podgorica and the case was heard again twice, the ruling was confirmed and the compensation was paid.
But in July 2015, the Supreme Court annulled the ruling, asking the victims relatives to return the compensation and pay court costs.
Another six cases for compensation were thrown out in September and October 2014 by the Higher Court, which ruled that the claims are out of date.
In February 2020, lawyer Velija Muric and the Human Rights Action NGO called on the government led by Dusko Markovic to come to a settlement with the victims families. This proposal was also put to subsequent governments led by Zdravko Krivokapic and Dritan Abazovic, but there was no response from any of the three administrations.
The head of Human Rights Action, Tea Gorjanc Prelevic, argued that Montenegro still has a moral obligation to pay compensation. The total amount claimed is around 500,000 euros.
The total amount of the compensation would represent a negligible burden on the state budget, especially compared to the importance that the settlement would have both for the victims and for Montenegro, Gorjanc Prelevic said.
NATO opponents use bombing as symbol
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