Krapović did not discriminate against Lazarević: The Basic Court in Podgorica ruled in the first instance

The Basic Court in Podgorica ruled in mid-May in the first instance that the state, namely the Ministry of Defense and its head Dragan Krapović (Democrats), did not discriminate against the former first man of the Army of Montenegro (VCG) with their decisions and statements Zoran Lazarevic.

The former Chief of the General Staff of the Armed Forces of Montenegro claimed in a lawsuit filed in October 2024 that the Ministry had repeatedly committed direct and indirect discrimination against him, violating his officer's honor and dignity.

Lazarević stated that, through a series of actions by the Ministry of Defense and Krapović, he was discriminated against on the basis of age, political or other opinions, and the assumption of belonging to a party or other organization. Among other things, Krapović's proposal that the Supreme Command dismiss him (Lazarević) due to his age, the decision of the Minister of Defense to suspend his activities abroad, statements by Krapović and Ministry officials that he was a member of the parties of the former regime that he led Milo Djukanovic and that he is politically protected by certain structures, including the head of state Jakov Milatović...

According to the assessment of Lazarević's attorney, lawyer Miloš Vukčević, the goal was to professionally marginalize the former first soldier and ultimately remove him from the service.

Vukčević claimed that the key evidence in the proceedings was Krapović's testimony (as a witness), which "unequivocally confirms discrimination" against Lazarević.

"... He pointed out that this witness stated that he had information that the prosecutor characterized a member of the Council (for defense and security) as a person under foreign influence, that he stated that the ceremonial academy of the Ministry had a political character related to the Democrats, that Krapović 'undermines the system with party comrades', and that there are political structures that support the prosecutor in the position of general... From such allegations it follows that the decisions regarding the prosecutor were not based on objective and professional criteria, but on political perception...", it is written in the verdict, which "Vijesti" had access to.

Vukčević, as stated in the document, pointed out that - in accordance with the rules on the burden of proof in discrimination protection proceedings - Lazarević "made it probable that discrimination existed" and that the burden of proof therefore shifted to the state.

Ministry: Unfounded allegations

The Ministry, represented by the Protector of Property and Legal Interests, assessed in the proceedings that Lazarević did not present facts from the evidence he submitted that could be used to assume that discrimination had occurred, which is why, according to the position of that department, the burden of proof lies with the former head of the Armed Forces of Montenegro.

The department headed by Krapović claims that Lazarević's allegations that he was discriminated against on the basis of age are unfounded, because after the procedure, it was determined that he meets the conditions for termination of service prescribed by the Law on the Armed Forces of Montenegro.

According to the Ministry, Lazarević's claims that he was discriminated against based on his alleged affiliation with a political or other organization are also unfounded.

"In this regard (the Ministry) pointed out that Article 18, paragraph 1 of the Law on the Armed Forces of Montenegro stipulates that a person serving in the Armed Forces of Montenegro shall perform his/her service in a politically neutral and impartial manner, in accordance with the public interest, while paragraph 3 of the same Article stipulates that a person serving in the Armed Forces of Montenegro may not be a member of a political organization. According to the Ministry, in this specific case the defendant acted within the scope of its legal powers," the verdict states.

It is further stated that the Ministry has concluded that the allegations of the lawsuits alleging that Lazarević was discriminated against by issuing an order to remove all of his international activities as stipulated in the Work Plan of the Armed Forces of Montenegro are also unfounded.

"Namely, the Work Plan of the Armed Forces of Montenegro for the month of October (2024) was amended in accordance with the provisions of the Law on the Armed Forces of Montenegro, the Law on State Administration, as well as the procedures of the defendant, which regulate the procedure for preparing the defendant's monthly work plan, as well as its possible amendments," the document states.

Speaking about Krapović's testimony and his statement that Lazarević, among other things, characterized a member of the Supreme Command as a man under foreign influence, the Ministry stated that exclusively within the framework of the Armed Forces of Montenegro system, professional military personnel do not have the right to interfere in political life, which can lead to the termination of their service, so, as it claims, this specific case does not involve discrimination against Lazarević, "nor could he be discriminated against on that basis."

Court: He did not indicate who was in a better position

The Basic Court, among other things, assessed that Krapović's submission of a proposal to dismiss Lazarević in August 2024 (the proposal did not “pass”) did not indicate a conclusion of discrimination. In the judgment signed by the judge Vanja Vujović, it is written that it was taken into account that Lazarević indicated that the minister told him that he wanted to rejuvenate the officer cadre, and that Krapović confirmed this. However, in the opinion of the court, this circumstance is not sufficient to conclude that the proposal for dismissal constituted discrimination on the basis of age.

"Especially when considering that the witness stated that he considered the fact that the prosecutor fulfilled the conditions for termination of service, in addition to the existence of other circumstances that he presented in his statement, as the main reason for proposing dismissal, while, on the other hand, the prosecutor did not point to a person or group of persons who, with regard to the duties of Chief of the General Staff, would be in the same or substantially similar situation as him, and whom the defendant would treat more favorably," it states.

The ruling states that the Minister of Defense, given that the Chief of General Staff is accountable to him for the situation in the Army, has the legal authority to propose his dismissal without giving reasons, and that he has the right to make such a proposal also for the purpose of personnel rejuvenation.

When it comes to the suspension of Lazarević's international activities in the fall of 2024, the court found that Krapović's failure to give consent for them also did not constitute discrimination. As explained, the planning and approval of foreign activities of members of the Armed Forces of Montenegro, including the activities of the Chief of General Staff, implies prior decision-making by the competent level in the Ministry, with the agendas of such activities also being agreed in advance.

For this reason, it is added, the fact that activities were proposed and previously planned does not mean that they necessarily had to be approved, nor that disapproval constitutes "unlawful discrimination within the meaning of the Anti-Discrimination Act."

"In the specific case, in order to conclude that there was discrimination, it was necessary for the prosecutor to make it probable that, by prohibiting his participation in the aforementioned activities, he was placed in a less favorable position compared to another person or group of persons who were in the same or substantially similar situation...", the verdict states.

The court also found Lazarević's request to establish that he was discriminated against due to the accusations from October 2024 - that he committed illegal acts, that political centers of power were behind him, that he was a member of opposition parties and structures of former President Đukanović - unfounded. The court found that Krapović's statements, in the part in which Lazarević is linked to opposition structures or political centers of power, are relevant for assessing the allegations that the minister "assumed a certain political connection" with Lazarević. However, they added, the fact that such an assumption was made publicly does not mean that discrimination was committed.

"Discrimination, by its nature, implies less favorable treatment, exclusion, restriction or giving priority to another person or group of persons in a comparable situation, and the plaintiff, in relation to this specific action, did not designate such a person or group of persons, nor did he make it likely that the defendant publicly refrained from making similar assessments towards other persons, for whom there was no suspicion of political affiliation, and who were in an analogous position, while she only acted differently towards him...", the verdict states.

The court concluded that Lazarević - both by individual actions and the overall context of the actions taken - was not discriminated against.

"... The specific high-ranking duty entrusted to him, with a very clear demarcation of the responsibilities of the Chief of the General Staff and the Minister of Defense, with the lack of an analogous situation, that is, comparable employees who were in a relevantly similar situation to the prosecutor, who were treated differently... indicates the unfoundedness of the claim viewed as a whole," it says in the document that the editorial team had access to.

If the verdict becomes final, Lazarević will be obliged to pay the state 1.500 euros in procedural costs.

Milatović opposed the dismissal

At the end of August 2024, Krapović submitted a request to the Supreme Command to dismiss Lazarević due to the assessment that a “generational change and rejuvenation of the officer cadre” was needed. The Council rejected it because there was no consensus. Milatović opposed Krapović’s proposal, saying that he would support the dismissal of Lazarević if he was told what the brigadier general had not done properly or what he had done wrong. The other two members of the Council, the heads of parliament and the government Andrija Mandic i Milojko Spajic, supported Krapović's request.

The Minister then annulled the decision by which Lazarević, who at that time met the conditions for retirement, had his term of service extended until June 2025 in 2023, noting that he met the conditions for termination of service, i.e. that he had over 40 years of insurance service and was 55 years old.

However, Krapović's decision was overturned by the Government's Appeals Commission. Ultimately, the Council dismissed Lazarević in early June 2025, as his term of service extension had expired.

Vukčević: Contradictory verdict

Lazarević's representative Miloš Vukčević told "Vijesti" yesterday that he filed an appeal against the verdict with the Higher Court in Podgorica ten or fifteen days ago.

He says that the Basic Court's ruling is contradictory, "in the sense that it did not find that discrimination had been committed and that there was no comparable case."

"Although we clearly indicated in the lawsuit that the minister had an assumption that the general was a member of certain political structures and groups backed by Milo Đukanović and Jakov Milatović. It is surprising that the judge did not see this, we expect the Higher Court to accept the appeal and for the verdict to be changed or overturned," said Vukčević.