The Mayor of Bovec, Valter Mlekuž, will return the passports to the Cuban dancers at the closing of the 49th Festival Dei Cuori in Tarcento, Italy. In addition, the Cuban performers will not have to pay any fines.
"The judge ruled that they did commit an offence, but reduced the fine to a warning. I will be authorized to pick up their documents, which were seized by the police, and take them to Tarcento where the dancers will perform. I believe that it will be a joyful occasion and that they will start to believe in Slovenia and our legal system. Our goal was for them to avoid paying the fine. I believed that it could happen. I’m very happy!" said mayor Mlekuž.
On Friday the Cuban dancers were issued fines of 500 euros per person for breaches of the Aliens Act. The head of the group of 28 young dancers which performed in the centre of Bovec, awkwardly forgot the bag with all their documents in Tarcento, Italy.

The passports and their valid visas were brought to Slovenia in less than an hour, which is why the Municipality of Bovec filed for a request for judicial protection, which would dismiss the fine. There was very little time for the court to make its decision, as the participants of the 49th Festival Dei Cuori have return tickets to Cuba on Wednesday.

Commentaries about Friday’s incident flooded social networks. The Mayor of Bovec, Mr. Mlekuž, was offered both legal and financial aid by lawyers, former police officers, members of folklore groups, locals and others. Mlekuž said what lacked was the reaction of politicians. But the municipality was quick to react, prepared a request for judicial protection, and visited the Cuban dancers in Tarcento to obtain their personal information and signatures.
The court had 48 hours to make a decision
Once it received the request for judicial protection, the Nova Gorica Police Directorate immediately handed over the request to the Nova Gorica District Court. The court had 48 hours to decide whether the Cubans would have to pay the heavy fine for forgetting their documents – 500 euros per person or half the sum if paid within eight days – or dismiss the fines amounting in total to 12,500 euros. The opinion of the Municipality of Bovec was that it was a minor offence because the passports and valid visas were handed over to the police. It is true that during that Friday the Nova Gorica Police Directorate, market inspectors and the financial administration, were conducting enhanced control activities in the Bovec area.
Govekar: Police officers cannot issue formal notices
Nova Gorica’s police officers taking part in Friday’s enhanced control activities acted in line with the law and professionally, assured the head of the Uniformed Police Division at the Nova Gorica Police Directorate, Evgen Govekar, prior to the court’s ruling. But if the Cubans later presented their documents, why the hefty fine and not only a formal notice? "A police officer at the scene of the offence can decide whether to issue a fine or reprimand someone in line with the Minor Offences Act. But if it’s a serious offence, which entails sanctions, the case is then dealt by minor offence authorities or a court. In any case, a police officer cannot issue a formal notice, as notices for such offences can only be issued by a court ruling on a request for judicial protection. How the court will decide is in the hands of the judge. But despite all the debate and public criticism, the police acted professionally. Officers are independent in their work and have to take into account the surrounding circumstances in such cases."
Many tourists when visiting the mountains, going cycling, or engaging in other sports activities, do not carry their personal documents with them. But Govekar says the circumstances are completely different: "If you’re accommodated in Bovec, then you’re registered there. But here we had a case of entry into Slovenia without any documents and staying in the Republic of Slovenia without adequate documents. I emphasize: as citizens of third-country nationals, which are otherwise subject to a stricter visa regime. We additionally examined their documents – which we later managed to secure – also through the Schengen Information System. The Aliens Act determines the amount of the fine, but every offender has the possibility to file a request for judicial protection, it they feel that the procedure contains irregularities or that the fine is too high."