Danko Savić, accused of fighting on the side of pro-Russian forces in Ukraine, stated today before the Higher Court in Podgorica that he is a citizen of Russia and does not have Montenegrin citizenship, while the court rejected his defense's proposal to have his detention lifted.
The proceedings are being conducted by Judge Irena Šofranac Nedović, and Savić is being tried under the indictment of the Higher State Prosecutor's Office for the criminal offense of participation in foreign armed formations.
At the beginning of the hearing, Savić said that he would not answer questions from the court and the prosecution, but only from his defense attorney, attorney Đorđi Vukmir.
"I am a Russian citizen born in Sarajevo, I have a registered residence in Danilovgrad and I do not have Montenegrin citizenship. I have held a passport of the Russian Federation since 2023," said the defendant.
Prosecutor Irena Burić read the indictment charging Savić with participating in a foreign armed formation on the territory of Ukraine, contrary to the law, from September 14, 2023 to September 13, 2024.
According to the prosecution, on September 4, 2023, he traveled to Istanbul and then to Russia, and on September 14 of the same year, he signed a one-year military service contract with the Russian Federation. After that, he allegedly went to Ukraine, where he joined the paramilitary armed formation of the self-proclaimed army of the Luhansk Republic on the side of Russia and participated as a soldier in the military conflicts.
Savić said that he does not admit to committing the criminal offense he is charged with.
He stated that he accepted Russian citizenship in 2023, but that he had initiated the request back in 2013 as a descendant of the Cossack people and a member of their organization, through which, he claims, he applied for citizenship. He also said that his son lives in Moscow, is married to a Russian citizen and has Russian citizenship.
Defense attorney Vukmir assessed that "the indictment contradicts itself," stating that his client, by force of law, lost his Montenegrin citizenship by acquiring Russian citizenship.
He proposed to the court that information be obtained from the Russian embassy through official channels about when Savić became a Russian citizen, to which the prosecutor agreed, and the court accepted the proposal.
Vukmir stated that the provisions of the Criminal Code that define the concept of foreign armed formations exclude the criminal prosecution of a Russian citizen for participation in Russian formations, and that Savić, as a citizen of the Russian Federation, could potentially only be held responsible for war crimes, if there are grounds for this.
The prosecutor pointed out that the Criminal Code applies to all persons, and that the indictment is based on the law.
The defense also objected to the legality of the search warrant, stating that it did not bear the signature of the investigating judge, and that all evidence obtained in this manner was "legally invalid." The prosecutor objected to its exclusion, stating that it was legal evidence.
The lawyer also requested the termination of the detention, stating that the reasons for the detention do not hold and that his client cannot be charged with the risk of fleeing to Russia. The court rejected this proposal, assessing that the reasons for the detention still exist.
Savić was arrested as part of the "Lugansk" police operation, during which, according to earlier statements by the authorities, several locations were searched and evidence was collected about his alleged involvement on the battlefield in Ukraine. His defense has previously claimed that he holds Russian citizenship, which, according to their interpretation, excludes the existence of the criminal offense with which he is charged.
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Vukmir: Savić's passport confirms the defense's thesis that he is a Russian citizen
Lawyer Đorđije Vukmir said after the hearing that his client's passport is already in the case files and that it confirms the defense's thesis that Savić is a Russian citizen.
"I pointed out to the court the provisions of the Law on Montenegrin Citizenship, especially Article 24, which stipulates that a Montenegrin citizen loses citizenship by force of law upon voluntary acquisition of citizenship of another state. Article 31 clearly specifies that Montenegrin citizenship is lost on the day of acquisition of citizenship of another state," said Vukmir.
He added that the Ministry of Internal Affairs of Montenegro has also been informed about this, and that the court will officially request information from the competent Russian authorities on the date of acquisition of citizenship.
"I believe that my client cannot be the perpetrator of this criminal offense, because there is no unlawful action, that is, we do not have that characteristic of a criminal offense, which is acting contrary to international law. As a Russian citizen and a lawful combatant, he can only possibly be held responsible for criminal offenses in the field of war crimes, and like any other citizen, he has the right to join the army of the country of which he is a citizen, but not for the offense he is charged with here," said Vukmir.
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