Mijajlović denies ASP allegations: No indictment has been filed against me

Aleksandar Mijajlović denied allegations by the Action for Social Justice (ASP) that the company "Bemax" paid him 17 million euros for the transfer of shares between January 28 and March 2023, 1,5.

Mijajlović said that he strongly denies these allegations and that he wants to "publicly, precisely and with arguments to dispute the claims that I consider unfounded, illegal and incorrect."

"First, the High Court in Podgorica did not accept the key claims made public by ASP, including the claim about the prohibition on disposing of the apartment I bought for a family member in 2011. The court correctly assessed that the real estate was acquired as much as eight years before the alleged period of criminal activities (2019-2021) and that there was no proven causal link between the purchase of that apartment and any criminal acts. The court also emphasized that accepting such a temporary measure on property acquired years before the alleged criminal act would violate the principle of legal certainty and call into question legitimately acquired property rights," said Mijajlović.

He said that to date, no indictment has been filed against him.

"The procedure is in the preliminary investigation phase. However, ASP and certain media outlets - without basic knowledge of legal norms and without insight into the actual documentation - are trying to draw conclusions based on selective and blanket analyses of financial flows that have no basis in law. This completely ignores my legal income from legal sources, including income from the companies 'Monte Media', 'Alec Montenegro' and 'Easy Drive', which have been duly reported and known to the competent institutions," Mijajlović stated.

He said that he believes that the actions of the ASP, which, according to Mijajlović, is obviously trying to gain attention, media space and possible grants, are legal violence and a dangerous precedent for all citizens of Montenegro.

"It is particularly problematic that attempts are being made to link my property acquired in 2011 to the investigation relating to the period 2019-2021, without a single piece of evidence of a causal connection. The apartment that I bought and gifted to my daughter at that time cannot and must not be subject to restrictions, because it was acquired in accordance with the law, far before any investigation," the statement reads.

He pointed out that in this regard, the actions and interpretations promoted by the ASP and reported in the media directly violated the following legal standards and norms:

• Article 1 of Protocol No. 1 to the European Convention on Human Rights (ECHR) – the right to peaceful enjoyment of possessions. Restriction of property without a judgment and without any connection to the alleged offence constitutes a gross violation of this right.
• Article 6 ECHR – right to a fair trial. Using media pressure instead of a court process violates the principle of equality of arms and fairness.
• Article 8 ECHR – protection of private and family life. The reference to the gift to my daughter is a direct attack on family autonomy.
• The Constitution of Montenegro, Article 58 – guarantees the right to property, which may be restricted only in cases prescribed by law and with fair compensation.
• Criminal Procedure Code of Montenegro (Art. 92 – 95) – security measures may be applied only with reasonable suspicion that the property was acquired through a criminal offense, which is not the case here.
• The principle of legal certainty and the prohibition of retroactivity – the attempt to link legally acquired property from 2011 with the 2019 investigation violates the fundamental principles of the rule of law.

"Finally, I would like to point out the essence of the entire case, i.e. the damage caused to my reputation and business. Due to the media campaign and damaged image, an important international agreement was terminated, and the explanation clearly stated that the reason was 'media allegations' and reputational damage. For this reason, I announce that I will file a lawsuit against the state of Montenegro before the competent international courts, because the damage occurred without legal basis and entirely at the expense of my professional and personal integrity. Because of all of the above, I categorically reject all unfounded, politically intoned and media-served claims. I remain consistent in defending my reputation, rights and truth," Mijajlović concluded.