Several close friends of the arrested Dejan Knežević they pledged their property worth around 770.000 euros, as a guarantee that the former assistant director of the Police Administration will not escape if the court terminates his detention.
This was confirmed to Vijesti by one of his defenders, a lawyer Borivoje Đukanović, clarifying that they proposed to the High Court to terminate Knežević's detention and, along with the bail, to determine a measure of supervision, stressing that there is no special circumstance that indicates the possibility that his client will escape.
The High Court will most likely discuss the bail proposal today.
Knežević was arrested on March 22, and the Special State Prosecutor's Office (SDT) charges him with being a fugitive Ljub Milović gave confidential information to the head of the Kavac clan Happy Switzerland and on his order eavesdropped on the soldiers of the Skaljar clan.
He denied guilt.
Savkovic guaranteed with his property worth a total of 316.350 euros in Tološi. Vukajlović property in Kolašin, worth 44.400 euros, while Tomasevic pledged 406.410 euros worth of property in Danilovgrad.
"Having in mind the provision of Art. 170 of the Criminal Procedure Code, the defense proposes that the defendant's detention be terminated by the court accepting the offered bail as a guarantee that the defendant will regularly respond to all court summons. Also, we suggest that, along with the bail, the supervision measure from Art. 166 of the CPC. As in the specific case there is no special circumstance that indicates the possibility that my client will escape, I propose that his detention be terminated immediately," the proposal for bail reads.
"THE COURT TO RESIST THE PRESSURES"
Đukanović told Vijest that the defense expects the High Court to unconditionally preserve its integrity in the judicial system:
"Despite unscrupulous and insinuating media attacks, especially on judicial institutions. At the same time, the subjects of such media harangue in the most direct way grossly violate the fundamental principle of criminal procedural law - the presumption of innocence... This is especially so, since no interest (political, etc.), which is outside the legal framework, regardless of whether it is institutionally or personally referenced, he must not be involved in any action by the court's decision, which must expressly be determined by an objective evaluation of the existing evidence".
He pointed out that the court has a strict legal obligation to ensure that a more severe measure is not applied, if the same purpose can be achieved with a milder measure.
"Which clearly indicates that when it is assessed that there is a risk of flight (even though this was wrongly assessed by the courts), the procedural purpose of ensuring the presence of the accused can be achieved with bail".
He pointed out that in the course of the proceedings so far, all the acting courts have evidently acted illegally, because in their decisions on determining and extending detention, they have given identical and stereotypical reasons, without elaborating any new reason why the extension of detention is necessary :
"And consecutively, the legal standards contained in the decisions of the European Court, as well as the relevant court practice, which was specifically pointed out by the defense, were grossly ignored."
Đukanović assessed that there is no objective reason indicating that the release of Knežević would prevent the effective completion of the criminal proceedings.
"Subjectively, with his family status, human and professional profile, as well as awareness of the gravity and significance of the criminal acts charged against him, the defendant would certainly not even be tempted to run away. We base this categorical position on the fact that up to now the defendant has not had any offense against the law in any sense and legal content, either as a misdemeanor or as a criminal offence. He devoted his life so far exclusively to honest work and through his efforts he earned income and supported his wife and two minor children in addition to him," said Đukanović.
The lawyer adds that, when it comes to Knežević, "from a logical, criminal legal and every common-sense point of view, only inadmissible irrationality in considering the alleged existence of grounds for detention in the case of unquestionable facts brought forward" could persist on a fictitious criminal-legal detention basis:
"How the Higher and Supreme Court of Montenegro acted in their decisions".
DANGER OF ESCAPE
He noted that the practice of the European Court of Human Rights is that, in a case where detention is ordered solely due to the risk of flight, it will cancel and set bail if such a measure can ensure the presence of the defendant.
Đukanović also points out that a special degree of relevance for the decision when ordering custody on that basis is the connection, that is, the facts that indicate the defendant's connection with the state where the criminal proceedings are conducted.
"All ties of the defendant can be of a family, business and property-legal nature (European Court Numaeister, judgment of 27/6/1968, Stoegmueller, judgment of 10/11/1969). In the direction of the mentioned circumstances, and in accordance with the cited decisions of the European Court, the decisions of the High and Supreme Courts do not contain literally a single word, although this was an explicit obligation of those courts. Also, the arbitrariness in the court's actions is undisguised and emphasized, and in its worst etymological aspect - deciding according to one's own will, not according to the law, arbitrariness, arbitrariness, etc... Furthermore, no less important, this aspect of arbitrariness in the court's actions unquestionably points to its prejudicial position on potential guilt and alleged readiness to escape of the defendant, which is a blatant example of prejudicial indication", he said.
The lawyer reminds that such examples are sanctioned by the ECtHR, basing its position on the legally indisputable fact - that the defendant's right to a fair trial was violated in this way...
He also pointed out that the decisions of the ECtHR represent guidelines for legal standards such as justification, proportionality, achievement of a legitimate goal, etc., in accordance with which the court should act.
"Restriction of constitutional human rights and freedoms by the court must be reduced to a minimum, only to the extent that is necessary, with a proper and thorough explanation of decisive facts, especially that the defendant is considered innocent at this procedural moment with the possibility of enjoying his human rights to the full extent", said the defense attorney of the arrested police official.
Maybe someone will find me threatening
At the hearing, Knežević denied all the accusations, asking the special prosecutor to obtain during the proceedings all transcripts from the encrypted Sky application in which the defendants mention him in any way - both positively and negatively.
"Perhaps it will be found that someone threatens me, that someone even praises me and various comments that refer to me", Knežević told the prosecutor, adding that he insists that everything be delivered to his defense attorneys, so that they have a complete picture.
"Because based on that, it can be assessed whether everything was delivered or whether the prosecution deliberately left out some details that would speak positively about him and his professional work", noted the special prosecutor in Knežević's statement...
According to the files of the SDT, the escaped policeman Milović bragged to Radoj Zvicer, the head of the Kavac clan, about the information that Knežević allegedly shared with him.
In one of the conversations, he tells him that Knežević has announced a crackdown on all organized criminal groups, but that he should not worry about that...
Bonus video:
