A soldier Rajko Krivokapic He was punished because in November last year, without the knowledge of his superior, he went to Kosovo where he was arrested for writing "Kosovo is Serbia" on his vehicle's license plates, while his companion was arrested for Dragutin Lalatović, who was also deprived of his liberty, had his disciplinary proceedings suspended because he left his service in the Army of Montenegro (AVCG).
This was told to "Vijesti" yesterday by the Ministry of Defense.
From that department, which he heads Dragan Krapović (Democrats), told the editorial staff that the procedure for determining disciplinary responsibility conducted against Corporals Lalatović and Krivokapić was concluded after the evidentiary procedure and the main trial were completed, and that the Chief of the General Staff of the Armed Forces of Montenegro issued decisions in accordance with the Law on the Armed Forces of Montenegro.
Krivokapić and Lalatović were arrested with Marinka Jovanović after the celebration of the founder's day in Visoki Dečani on November 24th for the inscription "Kosovo is Serbia" on their license plates, and two days later they were sentenced to thirty days in detention, which was later extended for the same number of days. They were charged with "inciting hatred and intolerance."
"The proceedings against Corporal Lalatović were suspended, bearing in mind that his service in the Army of Montenegro was terminated at his personal request, in accordance with the provisions of the Rules of Procedure on Disciplinary Procedure in the Army of Montenegro. As for Corporal Krivokapić, the proceedings established that he was responsible for the disciplinary offense he was charged with," the Ministry told "Vijesti", adding that the Chief of General Staff, "taking into account the mitigating and aggravating circumstances established in the proceedings, as well as the proposal of the Military Disciplinary Commission", made a decision on the punishment in accordance with the Law on the Army of Montenegro.
"Vijesti" expects an answer from the Ministry of Defense on the question of what punishment Krivokapić was given and for what disciplinary offense. A source from the Ministry told "Vijesti" that Krivokapić was punished "probably with a fine."
According to the Law on the Armed Forces of Montenegro (Article 161), disciplinary penalties include the inability to be promoted for a period of one to four years, a 30 percent reduction in salary for a period of four to 12 months, removal from duty in the Army with assignment to a formation position of the immediately lower rank for a period of one to three years, removal from command or management duties with a ban on appointment to such duties for a period of one to five years, termination of service and revocation of rank.
Krivokapić and Lalatović are with Marinka Jovanović arrested after the celebration of the Founder's Day in Visoki Dečani on November 24th for the inscription "Kosovo is Serbia" on their license plates, and two days later they were sentenced to thirty days in detention, which was later extended for the same number of days.
They were charged with “inciting hatred and intolerance.” Although their detention was extended until January 23rd at the end of December, they were released seven days before the deadline, and a day later the Kosovo Special Prosecution Office suspended the investigation against the three Montenegrin citizens. They spent 55 days in detention.
A source from the Armed Forces of Montenegro told "Vijesti" in December that Krivokapić and Lalatović did not notify their commander that they would be going to Kosovo, which they were legally obliged to do.
According to the Law on the Armed Forces of Montenegro (Article 63), a person serving in the military may travel abroad, but is obliged to report the trip to "a superior in a position directly subordinate to the Chief of the General Staff of the Armed Forces of Montenegro..." The Chief of the General Staff may restrict travel abroad due to the needs of the service, and in conditions of war or a state of emergency, travel abroad may only be authorized by the Minister of Defense.
In December, the Ministry did not respond to a question from "Vijesti" about whether the two soldiers had reported their trip abroad to their superiors, and a source from the Armed Forces of Montenegro said on that occasion that, based on media reports from the competent institutions in Kosovo, the then Chief of General Staff Zoran Lazarevic asked the Department of Defense to request official notification of the arrest and detention of Krivokapić and Lalatović through the Ministry of Foreign Affairs.
"Vijesti" then announced that they had unofficially learned that one of the arrested soldiers had been on sick leave since October, and that the other had taken sick leave immediately before the incident in Kosovo, and that he had been on vacation until then. On that occasion, a source from the Ministry said that Krapović had requested that the National Commission for Sick Leave Control at the Ministry of Health investigate the sick leave of employees in his department, as well as individual members of the Armed Forces of Montenegro.
The Law on the Armed Forces of Montenegro (Article 113) states that a person serving in the Army is removed from duty while in custody, while serving a prison sentence, and if he is caught committing a disciplinary offense, or if criminal proceedings or proceedings for a disciplinary offense have been initiated against him, if his presence on duty would be detrimental to the interests of the service.
A person cannot come to work during the period of suspension from duty.
According to the same act (Article 132), a person who is removed from duty shall be paid two-thirds of the salary paid in the month before the removal, or three-quarters if he/she supports a family. The unpaid part of the salary shall be paid in the event of suspension of disciplinary proceedings or acquittal for a disciplinary offense, and if a final decision has suspended criminal proceedings or the disciplinary has determined that no disciplinary offense has been committed, or a final court verdict has acquitted the person of charges or dismissed the charges.
Immediately after the arrest of Krivokapić and Lalatović, when asked to comment on the case, Krapović said that, according to his knowledge and the assessments of their superiors, they were good and exemplary members of the Armed Forces of Montenegro, but that it was necessary to establish all the facts.
"When it comes to this case, nothing will be done 'off the cuff', nor will anyone be 'beheaded', if anyone expects such treatment... In this, as in all other cases, it is necessary to establish all relevant facts and circumstances...", he said on that occasion.
The head of parliament and New Serbian Democracy also reacted to their arrest. Andrija Mandic, who then called on the Pristina administration to release them urgently, as well as the cabinet of the Deputy Prime Minister Filip Ivanovic, which stated that they expect "our citizens to be provided with impartial and fair treatment, with respect for fundamental human rights and freedoms."
The young man's families protested in front of the Parliament several times, and on one occasion they were joined by the then NSD MP and the mayor of the Municipality of Nikšić. Marko Kovacevic.
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