Aco Đukanović's legal team: The court acted based on incorrect police information

Aco Đukanović's legal team addressed the public with a statement in which, they claim, clear and verifiable information regarding what really happened during the scheduling and conduct of the search of the businessman's apartment.

The statement was sent from the law office of Ana Đukanović.

"A search of someone's apartment, based on alleged information that is accepted as precise, concrete and operationally investigated, represents one of the most serious measures that the state can take against a citizen. When, after such action, it turns out that the key allegations presented to the Court by the police are not true, an issue arises that goes beyond the individual case and touches on the very core of the legality of the action and legal certainty," the statement reads.

It is added that, by order of the investigating judge of the Basic Court in Podgorica, Rade Ćetković, which was issued at the request of the police, a search was carried out of Aco Đukanović's apartment on Vuka Karadžića Street in Podgorica.

"In the request for the issuance of the warrant, the police stated that Aco Đukanović, in his apartment on Vuka Karadžića Street, in Podgorica, was illegally holding a large quantity of firearms, including automatic rifles, several pistols of different brands, as well as a large quantity of ammunition. The police additionally informed the investigating judge about the alleged precise locations where the weapons were located inside the apartment, claiming that they were placed in specific bags, on precisely marked shelves and in clearly defined parts of the living space. The police also informed the investigating judge that in Aco Đukanović's apartment there was a large quantity of police uniforms with the inscription 'SAJ', as well as military uniforms, helmets, batons, shields and other items that resemble official police equipment in their appearance."

A statement from Djukanovic's legal team states that "none of the items specifically listed in the police request were found in Aco Djukanovic's apartment."

"We are talking about a multi-hour search, which was conducted in the smallest detail. When claims of such gravity are proven to be unfounded, there can be no question of procedural formality. The question arises - how was such information assessed as reliable in the first place, on what basis was it presented to the Court and was the Court misled? It is particularly concerning that the investigating judge was not informed of how the police information was obtained, nor was its credibility explained."

They also point out that information has been made public that documentation was seized from Aco Đukanović's apartment, which constitutes the basis for conducting other court proceedings.

"Such allegations are not true. The only object seized during the search was an ordinary pamphlet. Everything else is a construction that was obviously created in order to create the appearance of legality and to justify the actions of the competent authorities. We emphasize that we are not talking about a search and Aco Đukanović here, but rather the issue of the existence or non-existence of the rule of law. Is it enough to present an unverified story, the unreliability of which was subsequently confirmed by the very result of the search of an apartment, so that someone's home is opened and searched? We believe that it is necessary for the Police Administration to make a public statement and provide a clear explanation regarding how the obvious failure in collecting and verifying information occurred, as well as whether there was an abuse of authority in this specific case. On the other hand, this example clearly indicates the need for judicial authorities to pay significantly greater attention to the thorough and substantive verification of the data provided to them by the Police Administration of Montenegro, especially when this data is based on unidentified sources."

The statement states that the automatic acceptance of operational findings of a state body, without their verification and explanation, leads to a dangerous imbalance in the system of rights protection, "because such action assumes the infallibility of one party and narrows the space for institutional control of legality."

"We believe that, without a clear and reasoned answer to our questions, the security and inviolability of every home in Montenegro, as a constitutional category, becomes just a legal platitude. We note that, as soon as possible, appropriate proceedings will be initiated against all officials who have violated or exceeded their powers," the statement reads.

On March 2, the Nikšić Basic State Prosecutor's Office ordered the detention of businessman Aco Đukanović, brother of the former President and Prime Minister of Montenegro Milo Đukanović, due to reasonable suspicion that he committed the criminal offense of illegal possession and carrying of weapons and explosives.

The Police Directorate previously announced that during a search of a family home in Rastocice, the police found - a "Mauser" hunting carbine with an optical sight, in illegal possession; a "Brno" rifle with a "Busnell" optical sight, in illegal possession; a shotgun rifle of an unknown brand, in illegal possession; a pistol of an unknown brand, in illegal possession; a hunting carbine "M-48", in illegal possession; a "CZ 99 PARA" pistol with a frame containing five rounds of ammunition and a weapons certificate in the name of a deceased family member; more than 400 rounds of ammunition of various brands and calibers; three empty frames; five protective ballistic body armor; binoculars of the "Zeiss" brand.