Freedom closer than verdicts - many accused of the most serious crimes could be out of prison

A long list of those who were not given a first-instance decision within three years of the indictment

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Photo: Boris Pejović
Photo: Boris Pejović
Disclaimer: The translations are mostly done through AI translator and might not be 100% accurate.

Member of a criminal organization Filip Bešović, who is on trial before the Specialized Division of the High Court in Podgorica for inciting a series of car burnings of Cetinje citizens Miloš Đuričković i Igor Vušurović, he could be released on February 28, because then the three years that he has been in custody without a first-instance verdict will expire.

He is one of a large number of people accused of the most serious crimes, who, on the same basis, could soon find themselves out of custody.

Bešović, however, could be remanded in custody on another basis, because the Special State Prosecutor's Office filed an indictment for murder against him and 7 other defendants on December 2023, 13. Miodrag Migi Kruščić and an attack on a journalist Oliver Lakić in May 2018, and smuggled 554 kilograms of skunk.

In addition to Bešović, if Article 179 of the Criminal Procedure Act is not amended in the meantime, by the end of the calendar year 2024, eight more defendants could be released from custody, who are undergoing court proceedings before the specialized department of the High Court in Podgorica.

In the same case before the judge Igor Đuričković, for participation in a criminal organization, is also being tried Goran Rakočević, who could leave Spuž custody on the same day as Bešović, because by that date the first-instance verdict cannot be pronounced in the proceedings, which are nowhere near the final stage.

Initiated urgent changes

Article 179 of the Criminal Procedure Code (CPC) stipulates that detention can last for a maximum of three years from the indictment until the first-instance verdict is passed.

Minister of Justice Andrej Milović at the beginning of the week, he announced that his department is planning changes to that article of the CPC.

Milović explained to "Vijesta" that the Ministry of Justice initiated the decision to prescribe precisely defined exceptions within Article 179 at a meeting of the working group, which is working on changes to that code.

Milovic
Milovicphoto: Luka Zeković

"Given the urgency of deciding on this issue, but also on the issue of sampling, which is already under negotiation with the European Commission, it is expected that the proposed norms related to these issues will be sent back to the EC for suggestions in the short term. After the aforementioned, the procedure will continue in order to determine the Draft Law on Amendments to the Code of Criminal Procedure. "The Ministry of Justice will prepare the Proposal for changes in the shortest possible time from the aspect of its competences, after which the procedure of preparing the Proposal for the Law for the Government, that is, obtaining the opinions of the relevant institutions," announced Milović.

Five came out in a month and a half

Due to inefficiency in the work of the Specialized Department of the High Court in Podgorica, as many as eight detainees were released from three-year detention between November 11, 2023 and the New Year.

On November 11, five defendants from the same case for creating a criminal organization got their freedom - Nikola Drecun, Aleksandar Đurđevac, Uroš Đurđevac, Uroš Vučinić and Nikola Marić.

Drecun and the others are accused of being part of a multi-member criminal group that they allegedly formed Radovan Mujović and Budvanin Vasilije Rafailović, accused of several crimes, including murder and attempted murder.

On the penultimate day of 2023, he left custody and Nemanja Zurovac, who was accused of being part of that criminal group.

Just nine days after he was released from custody, Drecun was targeted in the Cetinje settlement of Bajice. On the night between November 20 and 21, there was an attack on an armored car, in which Drecun and Cetinjan were Igor Mašanović.

The police and the prosecution established that a projectile was allegedly fired at the people of Cetinje from a hand-held launcher, and that they remained unharmed because they were in a car with a high degree of protection. Mašanović is accused by the indictment of the Higher Prosecutor's Office of being with Marija Milošević i Vukana Vujacic involved in the murder Radomir Đuričković 2016 in Cetinje.

Milošević (archive)
Milošević (archive)photo: Savo Prelevic

And from Cetinje Miloš Djurickovic, who is listed in police documents as a member of the Skaljar clan, welcomed the new year 2024 outside the walls of Spuž because his three-year detention was terminated on November 25, 2023.

A member of the Skaljar clan, as stated in the documents, is on trial for being part of the criminal organization they formed Savo B. Lipovina i Ivan B. Jovanovic, who were accused of forming a group in 2017, which aimed to commit "an unspecified number of crimes of serious murder", drug sales and illegal possession of weapons.

The planners of the murder of Belivuk in the summer outside Spuž?

On the list of defendants who could be found outside the prison walls this summer because the court did not issue a first-instance decision on them since the indictment was filed, there are also members of the Skaljar clan, who are accused of attempting to plan the murder of a Belgrade citizen. Veljko Belivuk i Marko Miljkovic, at the Tivat airport in January 2021.

On July 7 of this year, the first defendants could be found outside the custody of Spuž Janko Vukadinović i Radovan Stanišić, as well as Milo Jovanović and Momčilo Milić.

UIKS, Dragica Rajković
photo: Boris Pejović

The indictment of the SDT included more Almir Mujahodzic i Dusan Ivanovic, whose detention was terminated earlier.

A person with a code name Kamenko Kuč in that case, she received the status of cooperating witness and protected witness.

And from Nikšić Jovan Mrvaljevic, who was arrested and brought in connection with planning the murder of Belivuk and Miljković, and later charged that he was part of a group that planned the murder of a high-ranking member of the Kavaka clan Slobodan Kašćelan, judging by information from the High Court, he could be released at the beginning of May 2025.

The defendants Milo Jovanović and Jovan Mrvaljević, after their arrest for planning the murder of Belivuk and Miljković, claimed that the officers of the SBPOK Support Sector beat them, mistreated them, tortured them, blackmailed them, threatened them with rape and murder, asking them to testify falsely that they were working for the deceased Jovan Vukotić.

At the end of October last year, the Basic State Prosecutor's Office in Podgorica opened an investigation against former agent and UP employee Petar Lazović, on suspicion of torturing Jovanović and Mrvaljević.

Petar Lazović was arrested in July 2022, and the SDT has in the meantime filed several charges against him for cooperation with the kavak clan, drug smuggling.

Kašćelan may be free in June 2025.

A high-ranking member of the Kavac clan, Slobodan Kašćelan, could leave Spuž detention in June 179, unless there is a first-instance decision or an amendment to Article 2025 of the CPC.

Kascelan
Kascelanphoto: Boris Pejović

During the calendar year 2025, in addition to Kašćelan, the defendants Vladimir Vučković, Petar Đurović and Zoran Kažić, who are accused of being part of Kašćelan's criminal organization, could feel their freedom.

On the list of those who could be released from custody this year are Ivan Perović and Rajko Kovač, accused of being part of the criminal organization of Samir Ustabećir from Ulcinj, which is believed to have contracted the smuggling of large quantities of drugs.

Perović and Kovač had the task of contracting the sale of drugs through encrypted applications, and it was precisely this cooperation with criminals from the surrounding area that was the reason why their detention was extended.

The list for freedom in special cases for the year 2026 includes the names of five defendants, including special prosecutor Saša Čađenović, whose detention, as things stand now, could last until June 8 of that year.

During 2026, the detention could also expire for Petar Mujović, Marko Šuković, Miloš Marković, Amir Đokaj...

And accused of war crimes at the exit door

The defendant Slobodan Peković, who is being tried before the High Court in Podgorica for war crimes against the civilian population, unless the legal provision of Article 179 of the CPC is changed or the first-instance verdict is not handed down, he will be released on October 21 of this year.

It will be three years since he was indicted for war crimes against the civilian population in 1992 on the territory of Foča.

The process against Peković is led by the president of the special council, Nada Rabrenović. which is for On February 29, 2024, the main hearing was postponed due to the absence of the defendant's counsel.

According to the indictment, on June 8, 1992, in a military attack on the village of Hum, Peković killed Muj and Emina Šabanović, and then burned their bodies.

According to that document, Peković also raped a woman who received the status of a protected witness in early September 1992.

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