My persecution and suffering that I have been going through for several years together with my family was organized and implemented exclusively by the Chief Special Prosecutor (GST) Vladimir Novović, stated the fugitive former special prosecutor Lidija Mitrović.
In an open letter to the public, she stated that Novović's desire and need was for former Defense Minister Olivera Injac to be protected from any proceedings under the jurisdiction of the Special State Prosecutor's Office (SDT).
An international arrest warrant has been issued for Mitrović. The former special state prosecutor was sentenced to seven months in prison at the end of May last year for abuse of office in the "Klap" case. Mitrović did not report to serve her prison sentence.
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We are publishing the full text of Mitrović's open letter, which was delivered by her daughter Maša.
"Given the circumstances that have occurred regarding my professional career, I have made a decision that will, I believe, have a negative impact on public opinion, and especially on my family. Namely, after several months of sleepless nights and severe personal trauma that seriously jeopardized my health, I have made the decision not to serve a prison sentence. I have never done anything illegal in my 25-year career acting both as a judge and as a special state prosecutor.
To humiliate myself and go to prison, unjustly and dishonorably accused and convicted, in a rigged malicious proceeding, is unacceptable to me. I emphasize: I am neither afraid of prison, nor is it my desire to avoid losing my comfort for a few months. I have not broken the law. I hereby inform the public that my personal dignity, the fact that I am innocent and convicted by God's justice, as well as the human need for truth and justice do not allow me to voluntarily put my head on the guillotine for those whose right does not lie in the Constitution and laws. I do not want to allow my dignified life and career to serve as a number for meeting standards or obtaining points for career advancement for those for whom what I carry is a means, not an obligation and a privilege.
First of all, I apologize to the citizens of Montenegro, because they will not expect this from me, as a holder of judicial functions without a single stain in my professional career. I am also aware that I will disappoint my family, who have been with me all this time. I also leave the pain to my family, because instead of being with my children, one of whom is a minor, I have chosen a difficult and uncertain path, because I cannot accept serving time for something that I am not guilty of. I remind the public that by the verdict of the Higher Court in Podgorica, issued by Judge Vujanović, I was sentenced to seven months in prison. Upon my appeal and completely expected, the Court of Appeals for the first time overturned the aforementioned verdict and the three-member panel (composed of Moštrokol, Vujović and Jović) requested that the first-instance court answer important and substantive questions. This first decision of the Court of Appeal gave me hope that the judicial system in Montenegro still functions and that there is someone who respects the law, and that the prosecutor's fabricated indictment will be dismissed.
According to the aforementioned Decision of the Court of Appeal, the first instance court had to fully clarify and respond to the requests of the Court of Appeal. Instead of acting according to the Decision of the Court of Appeal, the acting judge Vujanović promptly, after the second hearing, issued absolutely the same first instance verdict, completely ignoring the Decision of the Court of Appeal. Surprised by the issuance of the same verdict, I filed an Appeal with the conviction that if the Court of Appeal has already overturned such a flawed, contradictory, unfounded and illegal decision once, that in the re-deliberation it will issue a similar decision as the first time. However, this time the changed panel of the Court of Appeal, whose composition was tendentiously changed (Tabaš, Milanović and Moštrokol) confirms the same, unchanged, unexplained and previously annulled decision of the Higher Court.
It is obvious that a carefully selected team has been formed, and that professional conscience is not an obstacle to carrying out this dirty, commissioned work. This second decision of the Court of Appeal, I deeply believe, without going into the motives of the aforementioned judges, represents a black mark on the careers of these people. It represents a gross violation of the Law and fundamental human rights and nullifies the integrity of every holder of a judicial or prosecutorial office, who is guided in his or her work by the Constitution and the Law and his or her free judicial or prosecutorial conviction.
In the case of "Klap, Vardar and Bora" for which I was accused and ultimately convicted in a fabricated trial, I consistently and lawfully applied, within my authority, the provisions of the Law on the Liability of Legal Entities for Criminal Offences. During the course of this fabricated trial against me, I consulted an expert who represents the highest authority in this field, who is, among other things, the essential creator of this law (the Law on the Liability of Legal Entities for Criminal Offences), Prof. Dr. Zoran Stojanović. Professor Stojanović is, among other things, the author of the commentary on the Law in question. The consultations were also attended by the professor's brother, a respected lawyer. Professor Stojanović informed me, based on a full review of the case files, that I had made absolutely no mistake in implementing the provisions of the Law on the Liability of Legal Entities for Criminal Offences. The professor also confirmed to me that in this case, the only correct application was this Law, as a lex specialis. That was a great professional satisfaction for me and confirmation that I had done everything in accordance with the Law in my actions.
I would like to inform the public that my persecution and suffering that I have been going through for several years together with my family was organized and carried out exclusively by one person: GST Vladimir Novović. The attacks on me by GST Novović began at the end of 2022, and in connection with the case of the former Minister of Defense Olivera Injac. It is very important to note that until that day, relations with GST Novović were professional and correct. The case of the criminal complaint against the then Minister Injac was unfortunately assigned to me, as a special prosecutor. I tried to fulfill my prosecutorial obligations according to the criminal complaint received in accordance with the Law. However, Mr. Novović's obligation to protect Olivera Injac from conducting criminal legal proceedings was such that from that moment on, he started a personal showdown with me, choosing no means. He did not allow the aforementioned person to have any criminal procedural treatment by the SDT. I would not comment on the motives of GST's behavior.
After the first delivery of the indictment against Injac, I was urgently provided with a binding instruction, which had only one goal: to seek a 'legal path' to acquit her of the charges. After that, another 'binding instruction' for the same case followed, which has not been recorded since the establishment of the SDT. Then I realized, but too late, that the GST would not allow prosecutorial independence in my actions. On that occasion, I asked him 'Do I have to go to prison instead of her?' In this case, the court expert found damage and stated precisely in his report how much funds from the budget had been illegally misused, which amounted to tens of thousands of euros. Summarizing the complete files, taking statements, and everything else I had undertaken in the investigation, I wrote in the indictment at the end of November 2022. When I informed the GST Novović by phone, I felt that 'the devil had taken the joke'. On the same day, his enforcers entered the registry office of the State Prosecutor's Office, seized the case with the complete files. Additionally, in violation of all internal business procedures, they entered my office without my presence and searched and seized all the files of the said case. I made an official note on these circumstances. In doing so, GST Novović committed a serious disciplinary offense for which the sanction of dismissal is also provided for under the Law on the State Prosecutor's Office, Article 125, point 6. From that day on, nothing was the same. He asked where the legal interpretation could be interpreted in two ways, so he gave another prosecutor an order that he must find possible responsibility in the cases that I was handling as a special prosecutor, which he did in relation to 'Klap, Vardar and Bora'.
It was obvious that there was his personal, difficult-to-explain desire and need for Injac to be protected from any proceedings under the jurisdiction of the SDT.
Dear citizens, instead of Injac being held accountable for the aforementioned illegalities, I should be waiting to serve a prison sentence for something I never did and for something that is important to point out — that there is no quantified damage in my actions in the 'Klap i Vardar i Bora' case. I must point out that by acting in these cases, I returned over seven million euros to the state budget and in these cases I filed several indictments with the Court, which were confirmed and are being tried for the amount of quantified damage of 9,5 million euros. Imagine now, out of over 100 convicted and accused legal entities and responsible persons in these legal entities, the prosecutor found that for four natural persons there were no conditions for applying the institute of deferred criminal prosecution. Although these individuals are in fact responsible persons in legal entities, who have fully fulfilled the obligations imposed on them for the criminal offense they were charged with, which was a condition for the subsequent dismissal of the criminal complaint, and they have returned to the state the illegally acquired benefit of over 260.000 euros and paid a fine of around 18.000 euros. The prosecutor's fabricated indictment (from the High and Appellate Courts in the repeated proceedings) has dealt a blow to itself, because it has nullified the basic principle on which it is based, which is the prosecutor's disposition. If we were to follow the logic and principles of this fabricated indictment, this would mean that the prosecutor does not have the right to decide whether there is enough evidence to initiate criminal proceedings, file an indictment, suspend the proceedings or apply deferred actions.
Dear citizens, please understand my cry for truth and justice. I cannot accept that the reality we live in is so cruel and unjust. You can judge for yourself and take a position on the fact that the first man of the SDT is playing with human destinies, beyond control and beyond the law. I am not ready to agree to that. I must mention that of all the prosecutors, when it comes to financial crime, it was I who acted in high-profile cases of this type of crime. I will list some of them: the Commercial Court case, the case of the director of the Real Estate Administration, the case of the Maritime Domain and misuse of land in the marine zone, the Grahovo case, the 'Klap, Vardar and Bora' case, and where I again remind you with reason that in this last case alone I returned over seven million euros to the state.
Judge Vujanović's motive for me to be convicted at the sole request of Novović is great. The two of them are on close, friendly terms, and Novović personally advocated for Vujanović's wife to be transferred to the position of judge of the Administrative Court in Podgorica. On the same day, and not coincidentally, Novović's wife was also elected as a judge of the Administrative Court. The fact that these staged events and coordinated actions from one place are not the end of the story is also indicated by the fact that Novović promised Vujanović help in his election as a judge of the Constitutional Court. Thus, the seven-month sentence against me received its concrete compensation. In addition to returning the favor to Vujanović, Novović also needs his own man in the Constitutional Court. It is a very important fact that Vujanović's wife was elected as a judge of the Basic Court in Bijelo Polje on 30 July 2021 by the Judicial Council, of which Novović was a member. It must be admitted that Mr. Novović is very capable. He managed to bring his own man to the position of VDT. He has completely 'covered' and controls the High and Appellate Courts. He has woven a network of his people in a short time and controls all state prosecutorial organizations. We should all think carefully about whether the concentration of power in one person in the judiciary can contribute to greater justice. Experience from the previous period indicates that the concentration of power in one person in the judiciary can be extremely dangerous for society. The question arises whether this group will also succeed in misleading President Milatović, who is supposed to propose a judge to the Constitutional Court from his quota.
I want to believe that the president is an honorable man and that he should not be a participant in this story. If President Milatović somehow proposes Vujanović, then he will additionally strengthen this problematic group, which I repeat, I do not want to believe. A dangerous conclusion is imposed that both the judiciary and the prosecution are under the complete control of one man, who is a serious obstacle to justice. My sentence of seven months and not, say, six is additional malice and evil intent. The difference is not just in one month, but in other consequences and the rights of someone sentenced to six months. GST Novović projected all of this at the end of November 2022, when I signed the indictment against Olivera Injac.
"Dear public of Montenegro, I deeply apologize once again for my last desperate step, which I took torn between my conscience and our harsh reality," Mitrović stated in an open letter to the public.
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