No one, neither citizens, experts nor the lay public, believes that the Higher Court in Podgorica could not pass a verdict for the murder that Vuk Lalatović confessed to, said the head of the Democrats parliamentary club, Boris Bogdanović.
He reacted to the court's announcement today.
"Thank you, gentlemen from the High Court, for your reaction to confirm several indisputable and devastating facts about the state of the judiciary in Montenegro. Your statement, although intended as a justification, is in fact an admission of omissions that endangered the lives of our citizens and undermined confidence in the judiciary system.
"First, you have confirmed that there is no room for transferring responsibility to the Police Department. A person who was in custody, who confessed to the murder, and for whom all the evidence was indisputable, was released due to failure to deliver a verdict within the time prescribed by law. This is simply unbelievable. The verdict should have been passed within the time frame that the law clearly prescribes - and because of that omission, that person had the opportunity to commit another serious crime against life and limb.
"Secondly, I remind you of Article 32 of the Code of Criminal Procedure, which allows the separation of proceedings in complex cases. If this mechanism had been applied, you could have passed a verdict against Lalatović for the criminal offense of murder based on indisputable evidence. But you did not. By doing so, you not only showed negligent work, you have already enabled the continuation of his criminal activities.
"Thirdly, Article 105 of the Code of Criminal Procedure clearly stipulates that the authority conducting the proceedings may decide not to collect additional evidence when the confession is complete, clear and true. In the case of Vuk Lalatović, all relevant facts were confirmed, all material evidence existed. However , the court decided to ignore this key article of the law and prolong the sentencing.
"Fourth, in its reaction, the court prejudges the outcome of the proceedings, stating that without the SKY correspondence it cannot issue a legal verdict. This is legal nonsense! According to Article 19 of the Code of Criminal Procedure, the court must assess the evidence individually and in their interrelationship. If the admission of guilt is , testimony and material evidence available, it is not acceptable for the court to justify its incompetence by the lack of one specific piece of evidence. This sends the message that the judiciary is incapable of functioning without the help of external factors, which is inadmissible.
"Fifth, the European Court of Human Rights in several judgments emphasized that the complexity of the case cannot be an excuse for not respecting a reasonable deadline. Your emphasis that it is a complex case sounds like an admission of impotence. Does this mean that in Montenegro we will never have judgments in legal terms for the most serious crimes? This statement is an alarm for the whole society - if this is true, our justice system is on the verge of collapse.
"Sixth, you came forward only now, claiming that you reacted and ordered detention after violating the ban on leaving the apartment. And where were you when the Police Directorate repeatedly informed you about the same violations? The court then neither responded nor took any action This silence allowed the continuation of the most serious crimes.
"Seventh, how is it possible that in the last three years you have released 70 perpetrators of the most serious crimes, about half of them in the past year alone, due to failure to issue verdicts within three years? It is clear to everyone - these people, after you let go, they become either killers or targets.
"Eighth, if the information on your website is correct, the special department of the High Court did not pass a single verdict against the perpetrators of the most serious criminal offenses in the field of organized crime in 2024. What does that say about your efficiency? How do you justify this to citizens who seek justice and security?
"Ninth, according to Article 6 of the European Convention on Human Rights, every citizen has the right to a fair trial within a reasonable time. But what about the right of the victims and their families to justice? When the court does not render a verdict within the time prescribed by law, it is not only a procedural failure - it is a betrayal of justice and the security of society.
"And in the end, the Lalatović case exposes you mercilessly. No one, neither citizens, experts nor the lay public, believes that you could not reach a verdict for the murder that Lalatović confessed to. Your inability or unwillingness to act according to the law endangered the lives of other people .
"Gentlemen, the judiciary is not a privilege, but a responsibility. If you are not able to provide justice, then you are part of the problem. Montenegro deserves a judicial system that protects citizens, not perpetrators of criminal acts. It is time for you to take responsibility for your mistakes, because the people will not forget.
"Dear citizens, the judiciary is a pillar of every democratic state. When that pillar breaks under the burden of negligence, inefficiency or, even worse, the connection of individuals with crime, society becomes hostage to lawlessness. We will not remain silent in the face of these failures. Justice is not a privilege, but a right of every citizen. And we ask only one thing from those who wear judicial robes - that they do their job in the interest of justice and the people," writes Bogdanović in his response.
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