Today, the trial for the criminal offense of extorting a statement followed by serious violence by the police from the victim Marko Boljević continued before the Basic Court in Podgorica, where the witnesses Srđan Korać, head of the Criminal Police and Miroslav Turković, who at that time was the deputy head of the Basic State to the prosecutor's office, the Civic Alliance (GA) announced.
From that non-governmental organization, they said that the third summoned witness, Srđan Milikić, did not attend the trial because, as they state, there is no proof that he was duly served with the summons, so the court decided to call him again as a witness at the next scheduled hearing.
"At the beginning of the trial, the witness Miroslav Turković was heard. Answering the court's questions, he said that in the afternoon one of the police officers informed him that there is a person who has certain knowledge about who is the perpetrator of the criminal act of activating explosive devices near the house of Duško Golubović and the Grand bar," reads the GA announcement.
He stated that he could not remember exactly what time it was.
"According to his memory, he thinks that it was outside of working hours and that he was in the parking lot. After the call from an employee from the Police Directorate, Turković called the prosecutor Ivana Vuksanović, saying everything that the police employees told him. As he states, during the conversation with prosecutor Vuksanović, it occurred to him that Boljević could be interrogated immediately," the GA said.
He stated that prosecutor Vuksanović informed him that she had interrogated Marko Boljević that same night or the next day.
"Answering to special questions, witness Turković stated that he did not ask the police officers how long Boljević had been in custody. He also pointed out that Vuksanović did not give instructions to the duty prosecutor what to ask Boljević, and when asked whether it is customary to performed in the late evening hours, Turković said that it was nothing unusual, that it was the corona period, when the prosecutors came alternately. In addition, the judge can confirm that a large number of hearings are also conducted much later in the evening hours compared to the time when Boljević was interrogated. He stated that Boljević objectively could not have been interrogated earlier due to the fact that the acting prosecutor needed time to become familiar with the case and to organize everything for the hearing," the announcement states.
It is added that he did not formally request a statement from prosecutor Vuksanović and that it is possible that they discussed it informally at one of the collegiums. This was stated by Turković and he pointed out that, based on how well she knows Vuksanović as a professional and a person, if Boljević had complained to her or if she had seen any injury, she would have stated this, after which she would have filed a case.
"Then Srđan Korać, who was the head of the Criminal Police during the period of the disputed event, was heard again as a witness. He was asked a special question about which cars were available at that moment in the unit he was in charge of, which was followed by a special question prosecutor Romina Vlahović about which car he currently uses. Korać replied that he currently uses a black Opel Astra car, which was not available to his unit at the time, but that he borrowed the car in September 2020. He explained that he only drives that car "He and that it is a personal charge of the official vehicle, and that police officers cannot use it as an operational vehicle. He attached to the court a letter from the Police Administration in which he charges the car, as well as the traffic license," said the GA.
As stated, the defense proposed presenting new evidence, and hearing RV, as well as including as evidence a letter from the Police Administration on the use of an official vehicle, as well as the traffic license of the official vehicle driven by Srđan Korać.
Prosecutor Vlahović proposed to also hear the MV who, during the period when the allegations of torture were reported, drove the official black Opel Astra vehicle.
The continuation of the trial is scheduled for November 07, 2023, before the Basic Court in Podgorica.
"Investigation and punishment of possible torture must be carried out in accordance with the international frameworks for the prohibition of torture and ill-treatment developed by the United Nations and the Council of Europe. The obligations that Montenegro has arise from the fact that it is a member of both international bodies, and is reflected in the expectation of Montenegrin authorities to make maximum efforts to ensure the prohibition of torture and other forms of ill-treatment. Article 3 of the European Convention on Human Rights clearly prohibits torture as well as other forms of ill-treatment "No one shall be subjected to torture or to inhuman or degrading treatment or punishment." As stated in the judgment of the European Court of Human Rights in the case of Gäfgen v. Germany (application no. 22978/05) of June 1, 2010, paragraph 107: "The prohibition of ill-treatment of persons applies, regardless of the behavior of the victim or the motive of the body. Torture, inhuman or degrading treatment shall not be carried out even in circumstances where the life of the individual is threatened. No derogation shall be permitted even in the case of public danger threatening the survival of the nation. Article 3, which is unambiguously worded, recognizes that every man has an absolute, inalienable right not to be subjected to torture or to inhuman or degrading treatment under any circumstances, even the most severe The philosophical basis underpinning the absolute nature of the right under Article 3 does not allow for any exceptions or justifying factors or balancing of interests, regardless of the conduct of the person concerned and of the nature of the work in question," the announcement reads.
The GA said that they will continue to actively monitor this and other trials for torture cases, within the project "No impunity for violations and violations of human rights in Montenegro", with the support of the Delegation of the European Union in Montenegro.
Bonus video:
