Fitzgerald: If it is said that Duško Knežević must remain in detention for his safety - that is unacceptable

If it is said that Duško Knežević must remain in custody for his own safety, that is unacceptable, said Knežević's lawyer Eric Fitzgerald.

After visiting the detained president of the Atlas Group, he assessed that his client has a "very fighting spirit".

"First of all, considering what he went through, I would say that Dr. Knežević has a fighting spirit. He didn't lose hope. The most important thing, of course, is that he be released on bail while the charges against him are considered. He must be released on bail. He was also free on bail in the United Kingdom before being extradited and complied with all court-ordered conditions. Dr. Knežević has no criminal record - that's another thing to keep in mind. Interpol's review panel found that the prosecution against him was politically motivated - which is the third thing to keep in mind. Fourth, he himself wanted to return to Montenegro to face the charges, but his safety and security could not be guaranteed. That was the problem," commented Fitzgerald for A Plus television.

He pointed out that the Minister of Justice, Andrej Milović, announced in one of his public appearances that he could not guarantee his safety.

"Finally - if it is said that Dr. Knežević must remain in custody for his safety - that is unacceptable. First, he has his right to freedom, and if he is free, then it is up to the state to find a way to protect him from criminal elements who may be unhappy with what he has revealed. "The state has a duty not to deny him freedom to protect him, but to release him and then make sure that security measures are in place to protect him," Fitzgerald said.

He added three more reasons why Knežević should not be in custody but at liberty.

"First, he should continue to run the university and his business, the Atlas Group, given that a large number of employees depend on him, and he does not want to let them down. He wants to keep working. The other thing I would point out is that he needs to be with his family. Right now, while he's in custody, he couldn't even call his family, even though, I think, just yesterday his son graduated in America. And finally, there is an arbitration proceeding in which he is involved, which is being conducted against Montenegro and the government, and he must be free in order to participate in that proceeding. So there are many reasons why he should be out on bail. That is the most important thing - that his freedom be restored. "In the meantime, there are other important things that need to be addressed, such as, for example, the conditions in the detention center where he is staying, which need to be improved," said Fitzgerald.

When asked what his reaction will be if Knežević is not released to defend himself, and whether he will continue addressing the European institutions regarding his client's rights, the British lawyer answered:

“Yes. Absolutely. Dr. Knežević is in proceedings before the European Court because he should not have been extradited at a time when his safety could not be guaranteed. The British court thus made a mistake by extraditing him. That case is ongoing, but there will be other cases as well. If he is denied bail again, he would have the right to apply to the European Court for violation of Article 5, paragraph 3 of the European Convention. He also has other legal remedies at his disposal – such as addressing the UN Working Group on Arbitrary Detention and the UN Human Rights Committee, which have jurisdiction over Montenegro. Therefore, these are the legal means through which they will claim their rights in any case".

When asked what problems he presented during the meeting with the Minister of Justice, Fitzgerald said that "to the extent that the Minister has publicly announced that there is a problem with guaranteeing the safety of Dr. Knežević - that cannot be a reason for further detention."

"He must be released to defend himself from freedom, and then the state must take steps to protect him. Nevertheless, the minister was helpful and intervened, because Dr. Knežević didn't even have a wall or wrist clock in his room. He was kept practically in isolation from other prisoners, he could not even talk to them. The minister promised to get a wall clock and a wristwatch. The minister has guaranteed that he will be allowed to make phone calls, to call his family, which is obviously the first step in the right direction and we are very grateful for that. However, the fact remains that he is still practically in isolation in custody, and that his right to communicate with others while in custody must be respected. In addition, there is the fact that he is still in custody and we hope that the judge will grant him parole, which he is entitled to under the European Convention in these circumstances," explained Fitzgerald.

When asked if it is a well-understood interpretation that the reason why Knežević is being held in prison is that his safety would be threatened if he were to defend himself from freedom, Fitzgerald answered "that's right".

"One of the concerns of the authorities is that they would not be able to protect him if he was at large. That is not the right reason to deny someone freedom. You first deal with whether the person has a right to freedom and will comply with the conditions of release on bail, and then take the necessary safeguards to protect the person. And that is the only true sequence of steps. In the UK, the British police warned him that there was a risk, but also took steps to protect him and that is the only correct approach. I would also add that being in prison, in itself, carries the risk of criminal elements. If there are criminal elements who want to attack him or get rid of him, they could have access to him even in prison. That's why we say, first of all, let him go free, and then take steps to protect him," said Fitzgerald.

The British lawyer added that due to detention, it is very difficult for his client to engage in arbitration proceedings before international courts.

"He is participating in the arbitration proceedings. The applicant is against the United Kingdom for extradition, and there are cases concerning the denial of bail as well as the denial of communication. He must be able to speak freely with his international lawyers to work on those cases, but also to challenge the current charges. Therefore, he must have free access to his lawyers. He must be able to speak openly with them. It is much more difficult to defend yourself if you are deprived of your freedom, and there is really no justification for that in the case of someone with no previous convictions, especially in a case that Interpol itself has determined to be politically motivated. This is someone who complied with all bail conditions set by British courts while he was there. "There is no justification for denying him parole while he awaits trial," Fitzgerald explained.