Although the trial against former members of the Sector for Combating Organized Crime has begun Zoran Backović i Boris Andjušić Due to the extortion of statements, active employees of the Police Directorate, i.e. the Ministry of Defense, have not yet been temporarily removed from duty, but are regularly coming to work.
Who failed in the system and why, in addition to criminal proceedings, there has not yet been a temporary suspension from service, will be known after all circumstances and notifications between the Basic Court - Police Directorate - Ministry of Defense, where the accused Anđušić has been employed since the end of 2021, are examined.
Main trial of accused members of the former Support Team, which he once led Zoran Lazovic, began on January 22, 2025 before the Basic Court in Podgorica, where the injured party Milo Jovanovic detailed allegations that he was beaten to extort a statement after he was arrested in late January 2021, on suspicion of being involved in planning the murder of Belgrade members of the Kavača branch Veljko Belivuk i Marko Miljkovic at Tivat Airport.
The defendants Backović and Anđušić also testified at the main trial, and during the court proceedings it was learned that the two of them had not been temporarily suspended from their jobs, although court proceedings had begun against them.
(LACK)INFORMATION OF THE POLICE
When asked by "Vijesti" whether it had sent a notification to the Ministry of Internal Affairs (MUP) that criminal proceedings had been initiated, the Basic Court in Podgorica responded that this had been done on November 19, 27, in accordance with Article 2024 b of the Criminal Procedure Code.
"The Ministry of Interior has been informed by the Basic Court in Podgorica that a criminal case has been opened before the court, business code K.br. 684/24, against the defendants Boris Anđušić and Zoran Backović," the response from the public relations advisor of the Basic Court in Podgorica reads. Ksenije Vuksanovic.
The Police Administration (UP) confirmed that a notification was sent from the Basic Court on that day, stating that on November 27, 2024, "an act was received in which they informed RCB 'Zapad' that an indictment had been filed against an UP officer for the criminal offense of extortion of a statement in complicity, for which a criminal case was formed in this court."
In its response to "Vijesti", the Police Department also stated that officers of the Regional Security Center "West" requested a statement from the Basic Court in Podgorica on whether criminal proceedings had been initiated against police officer Zoran Backović, against whom the Basic State Prosecutor's Office in Podgorica had filed an indictment for the criminal offense of extortion of testimony in co-perpetration.
They did not state when they requested that statement.
"The Police Directorate, as the competent authority, has not been informed by the Basic Court in Podgorica, or the judge acting in the case, to date about the scheduled main hearing, in accordance with Article 19b, point 1, paragraph 2 of the Criminal Procedure Code ('by summoning the main hearing in summary proceedings in accordance with Article 454, paragraph 1 of this Code'), so that the immediate superior could act in accordance with the Law on Internal Affairs in the sense of Article 176 of this Law," the UP's response states.
THE LAW IS CLEAR
They emphasized that notification in accordance with "the aforementioned article of the Criminal Procedure Code is the only legally relevant condition for issuing a decision on the temporary suspension of a police officer."
Article 19b of the CPC prescribes restrictions on certain rights arising from the conduct of criminal proceedings, which occur upon filing an indictment or summoning to the main trial in summary proceedings in accordance with Article 454, paragraph 1. It states that the court is obliged ex officio to notify the authority or employer where the defendant is employed within three days of making the decision.
According to Article 176 of the Law on Internal Affairs, a police officer shall be temporarily suspended from work, among other things, if criminal proceedings have been initiated against him for a criminal offense with elements of corruption or a criminal offense committed at work or in connection with work, until the completion of the criminal proceedings.
According to legal regulations, a police officer may be temporarily suspended even before the initiation of criminal proceedings when an order has been issued to conduct an investigation against him for a criminal offense for which he is being prosecuted ex officio if his presence at work would harm the interests or reputation of the Ministry of the Interior and the Police Department.
The immediate supervisor is obliged to submit a reasoned proposal for temporary suspension within five days, and the police director is obliged to immediately forward the received proposal for temporary suspension, along with his opinion, to the minister for decision.
A police officer who is temporarily suspended from duty shall have his/her official badge, identification card, weapons and other equipment entrusted to him/her for the performance of his/her duties confiscated.
ABUSED IN TIVAT AND PODGORICA
The former members of the Support Team were arrested on July 19 last year on the orders of the Basic Prosecutor, who, after receiving case files from the Special State Prosecutor's Office that contained, among other things, detailed SKY communications with numerous messages and photographs, opened an investigation into the case.
The indictment against Backović and Anđušić was filed on October 31, 2024, and the investigation against the UP officers was then suspended. Nikola Žižić.
A police officer will be temporarily suspended from work, among other things, if criminal proceedings have been initiated against him for a criminal offense with elements of corruption or a criminal offense committed at work or in connection with work, until the completion of the criminal proceedings, according to the Law on Internal Affairs.
In 2021, Milo Jovanović from Nikšić reported that on January 22 of that year he was tortured by police officers who entered the apartment he was in and searched it in order to extract a confession.
The Human Rights Action (HRA) has reported on several occasions that Jovanović, as he claimed, did not offer any resistance, but that he was knocked to the floor, where several masked police officers punched him in the back.
"On that occasion, his nose was injured. After some time, he was transferred to another room where the mistreatment continued with boots being used on his legs and arms, and blows to his genitals and ribs. He was then transferred from Tivat to Podgorica, to the police premises in the City Mall (the premises of the Crime Prevention Sector), where the abuse continued," HRA previously announced.
They stated that a photo of Jovanović confirming torture, showing a clear injury to his nose, which he spoke about back in 2021, is found in correspondence from the SKY application.
HRA has repeatedly pointed out the lack of an effective investigation and the prosecutor's unwillingness to obtain evidence in this case, but also warned of the prosecutor's shortcomings. Ivana Vuksanovic, which initially prolonged the case, which is why the Prosecutorial Council determined on May 13, 2023, that the complaint against the work of Prosecutor Vuksanović was well-founded.
The case was then assigned to the prosecutor. Find Martinovic, and the investigation was completed by the prosecutor Marko Ivanovic, who filed an indictment against two former members of the Support Team.
The Ministry of Defense claims that it did not receive a letter for Andjušić.
The Ministry of Defense of Montenegro has not received notification from the Basic Court that criminal proceedings are being conducted against employee Boris Anđušić.
This is stated in the response of that institution to "Vijesti" when asked whether the Basic Court in Podgorica had informed them that criminal proceedings had begun against their employee.
The Ministry of Defense states that they did not suspend Boris Andjušić because they did not receive notification from the Basic Court about the criminal proceedings against him.
The Public Relations Bureau of the Ministry of Defense confirmed to "Vijesti" that the defendant Boris Anđušić began working at the Ministry of Defense on November 22.11.2021, XNUMX.
HRA points to ineffective investigation
The Human Rights Action previously announced that in this case, the Constitutional Court concluded in April 2024 that due to the ineffective investigation by prosecutor Ivana Vuksanović, "the investigation was neither conducted urgently, thoroughly, nor independently."
"The Constitutional Court confirmed the credibility of the allegations of abuse by police officers 'beyond reasonable doubt'. The conclusion was drawn on the basis of 'a set of indications, evidence, as well as indisputable, sufficiently serious, clear and agreed assumptions such as the physical injuries that were observed in the Emergency Center, and for which the medical expert stated that they could have occurred during his deprivation of liberty'. We are satisfied that the intensification of the investigation has, after all, led to concrete progress in the form of indictments. However, we once again call on the Supreme State Prosecutor to determine the responsibility of all state prosecutors, both in this case and in others, who, through their omissions in cases of police torture, contributed to the avoidance of responsibility by police officers and to announce what will be done to prevent this practice from continuing," HRA previously stated.
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