American citizens Ričard Ajvazijan (43) and Marijeta Terabelijan (37), nor their defense attorney, lawyer Ratko Pantović, were not provided with any document on the basis of which the two convicted of multimillion-dollar fraud were transferred from the Investigation Prison to the Correctional Center in Spuž, where the convicts reside. .
This is what Pantović told "Vijesti", stressing that he will file criminal charges against unknown persons for the criminal acts of abuse of official position and unlawful deprivation of liberty.
"Their fundamental rights, as well as the right to a fair trial and the right to defense, have been grossly violated, due to the fact that they have been in the Penitentiary for six days without a single document. My latest information is that they will go on hunger strike today," Pantović said yesterday.
Considering that I find out information about my clients from the media, the only thing left for me, as the lawyer of Ajvazian and Terabelian, is to give a substitute power of attorney to the journalists, because they can get information faster and better, instead of me, their lawyer
"Vijesti" announced that the Ministry of Justice issued a decision on the extradition of Ajvazian and Terabelianova, who are wanted by the United States of America (USA) for a million-dollar fraud.
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Without order and solution
Yesterday, lawyer Pantović repeated that his clients' rights were most grossly violated, explaining that in accordance with the Code of Criminal Procedure, the implementation of any action, such as detention or imprisonment, must be accompanied by a legal document - an order or decision.
"That order or decision must be delivered to the party and to the lawyer, if there is one, before custody is ordered. Considering the fact that until today, that is, six days, no documents have been delivered to my clients, as well as to me and their lawyer, this is a flagrant violation of the Criminal Procedure Code (CPC) and a violation of the right to a fair trial and the right to defense," he said. Pantovic.
He claims that in the past six days, since Ajvazijan and Terabelijanova were transferred from extradition custody to the Correctional Center, he has twice written and several times orally requested that they provide him with the document on the basis of which this was done.
"The document, or any paper on the basis of which my clients, instead of being released on October 23, were sent to the KP House, I twice in writing and several times orally asked the director of the Administration for the Execution of Criminal Sanctions, the head of the KP House and Branislav Janjević from the Directorate for International Cooperation of the Ministry of Justice. Today is October 29, no document or any paper on the basis of which this was done was delivered to me. I found out from the media the reason why they were sent to the KP home. However, those solutions, if they exist, first had to be delivered to my clients, translated into English and sent to me as their lawyer, so that we could legally determine ourselves according to those solutions. It seems, however, that journalists are better able to obtain information than defense lawyers, to whom this information and those documents had to be sent on the basis of the CPC", said Pantović.
"I will empower journalists"
He said that he had no choice but to give the journalists a proxy.
"Considering that I learn information about my clients from the media, the only thing left for me, as the lawyer of Ajvazijan and Terabelijan, is to give a substitute power of attorney to the journalists, because they can get information faster and better, instead of me, their lawyer," said Pantović.
Two days ago, the Ministry of Justice explained to "Vijesti" why American citizens were not released after the eight-month deadline.
From that government department, they said that according to Article 25 of the Law on International Legal Assistance in Criminal Matters of Montenegro, Ajvazijan and Terabelijanova were detained in UIKS, as persons in transit, for whom the state of Montenegro through its state authorities decided to be extradited to the requesting state:
"Until they are taken over by the requesting state, which period is up to 30 days, and at the reasoned request of the requesting state, the minister can extend that period by another 15 days, and if the persons are not taken over within that period, they will be released."
They pointed out that the legal basis for their detention after making decisions on extradition and the expiration of extradition detention was transferred from Article 18 of the European Convention on Extradition, which Montenegro ratified:
"And what is the time limit for the duration of the transit, that is, the period in which the requesting state is obliged to take over the person, under the threat of release", the Ministry of Justice replied on October 28.
Pantović said that he and his client Ajvazijan filed appeals against the decision of the High Court, which confirmed that the conditions for his extradition were met, but that they had not received a decision on that appeal until yesterday.
"My client Marijeta Terabelijan asked to be extradited to the USA in a shortened procedure, however, the High Court postponed that extradition, due to the fact that there is a criminal case against her for falsifying a document before the Basic Court in Kotor. As her lawyer, I appealed that decision to the second-instance authority. I have information that that decision has been revoked, however, the copy of that decision was never delivered to me," Pantović said.
The verdict is not final
Commenting on the allegations of the Ministry of Justice, Pantović said that the verdict pronounced on his clients is not final, but first-instance.
"Regarding the proceedings in the USA, my clients were not convicted by final judgment, but in the first instance, and their lawyers in the USA filed an appeal. Proceedings before second-instance courts in America have not been completed," claimed Pantović.
Pantović repeated that Ajvajzijan and Terabelijanova and their family members specifically demanded that he file criminal charges against those who, as he claims, unlawfully deprived them of their liberty and transferred them to Spuška prison instead of releasing them.
Two days ago, the Ministry of Justice explained to "Vijesti" that the USA requested the extradition of its citizens in order to carry out legally imposed prison sentences - namely Ajvazian 17 years, and Terabelian six years in prison.
They explained that the two of them, with forged documents, were arrested in Montenegro - Marijeta Terabelijan on February 22, and Ajvazijan on February 23.
"And due to the existence of the US international warrant, by the High Court in Podgorica, extradition custody was ordered for them, which has expired, for Marijeta Terabelian on October 22, 10, and for Richard Ajvajzijan on October 2022, 23," they said. are from MP.
They point out that before the extradition detention, the High Court issued a decision on the extradition of Terabelijanova, in a shortened procedure:
"Because she gave her consent to be extradited".
"Regarding Richard Aivazian, the High Court in Podgorica made a decision in relation to the same, which stated that the legal requirements for extradition were met, and after that decision became final, the Minister of Justice made a decision allowing the extradition of Richard Aivazian to the United States of America . The requesting state was informed about the adoption of both decisions, before the extradition detention was imposed", the MoJ answered earlier to "Vijesta".
The passports are original, they just changed the names
Attorney Pantović claims that his clients did not use falsified documents in Montenegro, but original ones obtained after they changed their names.
"This is easy to determine, because my clients changed their names in a regular procedure a year before the incriminated event. On the basis of that procedure, they took out regular Mexican passports, which can be checked on the official website of the Government of Mexico, where, when you enter their CURP number, which is a unique identification number equivalent to ours, you can see all the information from their passports and photos. This means that their passports are not forged, but regular, and I am fully convinced that in the proceedings before the Basic Court in Kotor, I will acquit my clients of the criminal offense of forgery," Pantović said.
"Vijesta" submitted copies of their passports issued in June and July 2021, in the name of Natalie Roz García Perez and Roberto Nico de Leon.
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