Police officer Bučan suspended from duty while in custody

Minister of Interior Affairs Danilo Šaranović recently issued a decision on the temporary suspension of an employee of the Police Directorate Emir Bucan during the period of detention, which was ordered by a judge of the Basic Court in Podgorica, on suspicion of having committed the criminal offense of unlawful deprivation of liberty.

In its response to "Vijesti", the Ministry of Internal Affairs announced, without specifying dates, that the Police Directorate was notified by the Basic Court in Podgorica that Bučan had been ordered into custody.

"Based on this, the Minister of the Interior issued a decision to temporarily suspend EB from work for the duration of the detention," the Ministry of the Interior's response reads.

Police officer Emir Bučan was arrested on October 11th last year on the orders of the Basic State Prosecutor on suspicion that he showed a woman from Podgorica his official ID, ordered her to get out of her car and get into his, and then drove her to the train station in Podgorica.

It is believed that he then touched her and asked her to "show herself"... saying that "discretion was guaranteed."

"When the injured party agreed to exchange phone numbers with him and promised to meet the following evening, he returned to her vehicle," the Podgorica Public Prosecutor's Office announced at the time.

The Ministry of Internal Affairs - Police Directorate, as they wrote in their response to "Vijesti", have still not been informed by the Basic Court in Podgorica whether court proceedings have begun against the Bučani.

"We note that criminal and disciplinary proceedings are separate proceedings, that different regulations apply to the same life event, and that the outcome of one proceeding does not follow the outcome of the other. In this sense, the initiation of criminal proceedings against EB for the criminal offense of unlawful deprivation of liberty does not imply the initiation of disciplinary proceedings," the Ministry of Interior states.

They explained that the Police Directorate has initiated internal procedures to determine the possible responsibility of the police officer in accordance with Article 173 of the Law on Internal Affairs.

"Upon completion of the detention period, the aforementioned police officer will be suspended based on the initiation of criminal proceedings, if any," the Ministry of Interior states.

After the arrest of Bučan, the judge Ivana Becic did not immediately order the police officer to be detained due to the risk of repetition of the offense, but instead referred to the Law on Internal Affairs, which regulates the issue of temporary suspension from work in the event of criminal proceedings being initiated for a criminal offense committed at work or in connection with work.

Three days later, the Council of the Basic Court in Podgorica reversed Judge Becić's decision and ordered the police officer to be detained for unlawful deprivation of liberty, due to the risk of repetition of the offense, emphasizing that a police officer could, if released, repeat the criminal offense.

"The court does not have information that the employer has made a decision to suspend the suspect from his workplace; the panel is of the opinion that there is a real possibility that he will be in a situation to repeat the criminal act he is charged with, since there is a reasonable suspicion that he used his official identification when committing the criminal offense," the decision of the Basic Court panel at the time states.

Police officer Emir Bučan was arrested on October 11th last year by order of the Basic State Prosecutor on suspicion that he showed a woman from Podgorica his official ID, ordered her to get out of her car and get into his, and then drove her to the train station in Podgorica.

The Council, as stated in the statement at the time, also took into account the unscrupulousness that the suspect, employed as an officer of the Border Police Sector, displayed when undertaking the actions for which he is suspected.

"He legitimized the injured party because the vehicle she was in was illegally parked, knowing that his powers did not apply to the application of the Law on Public Traffic Safety, and also showed a degree of recklessness, which is reflected in the fact that the suspect, while taking the actions he is accused of, squeezed the injured party's arm and pulled her towards him," the court's decision states.