Pro-Serbian parties and the politicians who lead them, as well as government officials and some high-ranking officials of different ideological orientations, have been protesting for the past two days due to the arrest of the former minister. Vesne Bratic, criticized and questioned the work of the Special State Prosecutor's Office (SDT), whose actions were widely praised when, on the orders of that institution, persons close to the former regime were prosecuted.
Everyone, almost in unison, had the same thesis - that this was an attempt to equate Bratić with the arrested people close to the Democratic Party of Socialists (DPS), that the former minister was treated as a criminal, that the handcuffs on her hands were unnecessary, that the detention she was ordered to undergo was questionable, that her prosecution was an example of selective justice...
Bratić, former Minister of Education, Science, Culture and Sports in the Government Zdravka Krivokapića (the first after the fall of the DPS), was arrested the day before yesterday in an investigation by the SDT on suspicion that by dismissing more than 140 directors of kindergartens, primary and secondary schools - she caused damage to the state for at least 400.000 euros. She was ordered to be detained for up to 30 days last night (due to the risk of flight and influencing witnesses).
She was in office for just over a year - from December 4, 2020 to February 4, 2022 - when Krivokapić's executive branch was voted down.
While the opposition accused her of revenge, Bratić justified her dismissals in education by depoliticizing the education system, claiming that some of the dismissed directors had abused educational institutions for political purposes.
DON'T MISS IT
Tadić Mijović: Applause replaced by noise
Commenting on the reactions to the Bratić case, Executive Director of the Center for Investigative Journalism of Montenegro Milka Tadic Mijović She told Vijesti that the key thing is for the judiciary to do its job freely, without political pressure. She stated that the public had the opportunity to see that the same political actors who are now questioning Bratić's imprisonment had previously rejoiced over other arrests.
"... Only because they have political disagreements with representatives of parties that those who were arrested were close to. What is crucial is to see how well-founded this arrest is and what will actually be proven," assessed Tadić Mijović.
When asked whether she thinks the above reactions are indicators that those in power, whoever they are, only care that institutions work in their favor, and not that they be independent, the interviewee replied that she "is afraid that that is the main thing."
"... It seems crucial that the institutions remain trapped," she added.
Tadić Mijović said that this thesis was not only confirmed by the Bratić case, but also by the case Danilo Mandic, nephew of the head of parliament Andrije Mandić (New Serbian Democracy).
"When 'our' people are arrested, there is a lot of noise. When 'their' people are arrested, there is applause," she stated.
Andrija Mandić is one of the highest-ranking figures to criticize the SDT's handling of the Bratić case. He assessed that the former minister was treated like "an ordinary criminal by putting those handcuffs on her hands," adding that he wanted to "encourage her to endure all the hardships she will go through."
He compared it to the case of his nephew, who is suspected of stealing a parliamentary vehicle and shooting at two people from it, injuring them.
"My nephew has been in pretrial detention for 11 months, I haven't said a word about it here (in the Parliament), he's a man and let him endure it, but it's disgusting when you see a woman, a university professor, and such an attitude towards her," said Mandić.
That the first man of the Parliament has no problem attacking the prosecution service was demonstrated at the end of October last year, when he and some of the government's deputies accused the Supreme State Prosecutor's Office, or rather the head of that institution. Milorad Marković that it wants to become the “fourth branch of government.” At that time, the parliament did not adopt the annual report on the work of the prosecution, and “Vijesti” wrote that part of the reason for this move was the prosecution’s actions in the cases of Danilo Mandić, the head of the Nikšić Municipality. Marko Kovačević (New Serbian Democracy), Gornje Zaostro and the “Coup d'Etat”.
The European Commission, in its annual report for Montenegro, published immediately after Mandić's attack on Marković and the prosecution, stated that such events raise "serious concerns about undue influence and risk undermining the autonomy of the prosecution."
Criticism and relativization
Head of State Jakov Milatovic announced yesterday that in other cases, persons accused of significantly more serious crimes than those suspected of Bratić were released to defend themselves from freedom. This argument is used by many who "defend" the former government official. However, it is questionable given that all those accused of serious crimes were ordered to be detained for the same period as Bratić at the beginning of the proceedings - up to 72 hours, and that these persons were only released to defend themselves from freedom after months or years in detention.
Mandić's New Serbian Democracy (NSD) assessed the day before yesterday that Bratić made "the greatest contribution to the depoliticization of the education system", and that "obviously, in the absence of confronting the accumulated criminal actions of the former regime, she was the number one threat to the constitutional order of this country and was treated in the same way".
Minister of Spatial Planning, Urbanism and State Property Slaven Radunović (NSD) supported Bratić, saying that "after the scandalous arrest of a professor in handcuffs, thus equating her with the worst criminals and con artists who have demoralized Montenegro," he had to react.
DON'T MISS IT
From the Democratic People's Party (DNP) Milan Knežević They assessed that Bratić's only "sin" was that she had the courage to "break the deep-rooted octopus of the DPS", while Branka Markovic, Member of Parliament for the Europe Now Movement (PES) Prime Minister Milojko Spajić, announced that the question is being raised whether Bratić's detention is justified.
DON'T MISS IT
Messages on a similar note were also sent by the Socialist People's Party (SNP), the People's Trust Movement, United Montenegro (of which Bratić is an official), and Free Montenegro.
DON'T MISS IT
The NSD, DNP and SNP did not respond to "Vijesti"'s question about whether they considered it hypocritical to criticize the work of the SDT due to the arrest of Bratić, while praising the actions of that institution when, on its orders, persons close to the former DPS government were arrested.
Radulović: Was the law the same for everyone?
Attorney Veselin Radulović He told the newspaper that politicians who celebrate the arrests of their opponents today, and tomorrow declare them political persecution when they "hit" their ranks - show not only a lack of knowledge and education, but also a dangerous willingness to treat the judiciary as a party tool and the state as private loot.
He assesses that the situation in which government officials first announce the arrests of political opponents, and when they occur, present them as their own results, and then condemn Bratić's arrest and qualify it as a political showdown - represents not only a serious problem of principle, but also a much deeper institutional problem.
"If arresting politicians is proof of 'effective fight against corruption', then that must apply to everyone, regardless of party affiliation. If handcuffing and arresting is problematic and potentially abusive, then that must apply in every case," Radulović underlined.
According to him, it is particularly problematic that this behavior comes from those in power, emphasizing that in a state governed by the rule of law, the prosecution must be independent in deciding whether to initiate proceedings, and the executive or legislative branches must not have any influence on who will be prosecuted.
"When politicians announced arrests, they were sending a message that they had advance knowledge of the prosecutor's actions and that they had influence over them. On the other hand, now that they are condemning Bratić's arrest and declaring it a political showdown, they are also suggesting that the prosecutor's office is operating under political control," Radulović points out.
The most dangerous aspect of this behavior, says the interviewee, is the normalization of the idea that arrests are part of a political struggle.
"In a democratic society, arrest is not a political result, handcuffs are not a marketing tool, and criminal proceedings are not a continuation of a political campaign by other means. This sends a dangerous message to citizens that the law is not equal for everyone, that it depends on the political context, and that justice is a matter of political power, not legal standards," said Radulović.
Commenting on the arrest, Bratić, Deputy Prime Minister Momo Koprivica (Democrats), whose party has repeatedly boasted about the actions of the SDT, told the Public Service that he expects the procedure to be legal and impartial, but also that the measure of detention and handcuffing is disproportionate, "since this is a woman with no criminal record or career blemish, who is also a university professor."
He also emphasized that he believes that Bratić had honorable intentions, and that "it must be borne in mind that most of the directors who were removed held office illegally."
Member of the opposition Social Democrats Nikola Zirojevic He said that, in the case of Bratić's arrest, he was not sure whether the opposition's warnings that the SDT does not act equally in all cases had borne fruit, or whether "some other pressure was involved."
Association concerns, EU support
The Association of State Prosecutors of Montenegro announced yesterday, regarding what they said were increasingly frequent statements by holders of the highest state positions regarding the actions of prosecutors, that they are concerned about messages that could be perceived as threats and pressure on the independent work of the prosecution.
"Any public comment on specific proceedings in a manner that questions the professional integrity of prosecutors or suggests consequences for acting lawfully may negatively impact public trust in institutions," they said.
European Commissioner for Democracy, Justice, the Rule of Law and Consumer Protection Majkl Mekgrat announced yesterday at a meeting with the chief special prosecutor Vladimir Novović that the European Union (EU) will continue to support the SDT's efforts in the fight against organized crime and high-level corruption.
The SDT said that Novović thanked McGrath for the EU's continued support, especially in the segments of capacity building and strengthening institutional efficiency, emphasizing that European integration represents a strategic goal and direction of further development to which Montenegro is dedicatedly striving.
DON'T MISS IT
Handcuffs regardless of status
Security experts with whom "Vijesti" spoke said that in all cases of arrest, officers of the Special Police Department were consistent in applying the legal obligation to handcuff suspects after deprivation of liberty.
They believe that the police should not treat arrestees differently based on their social status or function, because the Law on Internal Affairs, as well as the Regulation on the Method of Performing Certain Police Tasks and Applying Authorizations, is very clear - arrestees are taken with their hands tied.
The Law on Internal Affairs (Article 102) stipulates that a police officer "as a rule, shall tie up the person he brings in", and if the police were to adhere to the letter of that article of the law to the end - "the handcuffs, as a rule, should be behind the back".
"The use of restraints against a person who is deprived of his liberty on any grounds is not considered the use of coercive measures within the meaning of this law," the regulation states.
It is explained that police officers handcuff a suspect after an arrest to prevent him from escaping, attacking the officer, or possibly harming himself during the arrest.
The Rulebook on the manner of performing certain police tasks and exercising authority (Article 222) further clarifies that a police officer, as a rule, ties up a person who has been deprived of his liberty, or a person he is bringing in or escorting. This act stipulates that handcuffs shall be used during an arrest in such a way that “the means of restraint do not cause unnecessary bodily harm to the bound person”.
"Exceptionally, if there are justified reasons for this or when a person is under the supervision of at least two police officers, the person's hands may be tied in front," it states.
A police officer, as specified in the aforementioned document, as a rule, will not use restraints on a person with injuries to the arms, unless the purpose of using restraints cannot be achieved in another way.
Danilović: Vesna Bratić is not Vesna Medenica
Last night, before being ordered into custody, Bratić was questioned at the Higher Court in Podgorica, in front of which, at the same time, a protest was held against her arrest.
The president of Ujedinjena, Goran Danilović, said at the rally that what Bratić did was for a medal, not for prison.
DON'T MISS IT
"If someone had told me we would experience this, I would have said it was impossible. She is a brave woman who did not hesitate to say everything she thought. We will not allow you, rest assured, to prove yourself to her in this way... Together until the end. How long will the mafia rule? For the first time, we are quite enough. She is collateral damage. She is not Vesna Bratić - Vesna Medenica," said Danilović, as reported by the RTCG portal.
Bonus video:
