After a debate, the vote followed with 4 for votes 'for' and 15 'against' and one abstention for the interpretation that the chant "For the Homeland Ready" can be seen as an act of violating public order and peace.
The legal position that the judges took during today's hearing is binding for all judges of that court including the tripartite trial chamber that late last year ruled that the chant "For the Homeland Ready" at the start of Thompson's song does not amount to an offence.
Based on today's ruling which was upheld by the majority of the high court's judges, Marko Perkovic Thompson can continue to chant "For the Homeland Ready" during his concerts.
The decision was deliberated on by 20 judges from all four sections of that court.
The ruling in the Thompson case is in contravention with a series of final decisions between 2015 and November 2019 delivered by the High Misdemeanour Court based on which anyone who uttered the chant was penalised.
In June 2019 the High Misdemeanour Court fined singer Mario Roso in Makarska for shouting the chant at the start of the song written by Thompson during a concert.
The Constitutional Court has ruled that the chant is a salute that is in contravention with the Constitution's fundamental principles.
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