If the fugitive from "Ljubović" is caught, he can only be returned to the same institution, several interlocutors told "Vijesta" regarding the case of the minor LH, who voluntarily left the Center for Children and Youth in Podgorica on Tuesday evening.
Even if he commits a new criminal offense while at liberty, the suspect for serious murder can be sentenced to detention for a maximum of 60 days, after which he would again end up in that open-type institution.
According to the court files that "Vijesti" had access to, LH had escaped from the detention facilities in Podgorica before.
Attorney Veselin Radulović he told "Vijesti" that, if this happens, the court cannot be expected to end any criminal proceedings in a short period of time that would result in a final verdict, so that the person, if conditions exist, should be sent to a life sentence juvenile prison...
"If he is found and has not committed a criminal offense, he must be returned to the same place, and that raises questions - whether the employees in that institution are sufficiently protected, I think they are not, whether the residents are well protected, absolutely not. Some solution must be found as soon as possible, to ensure the application of the law as defined by the text itself", said Radulović.
The law on the treatment of minors in criminal proceedings foresees two institutional measures that cannot be implemented in Montenegro - referral to a prison-type institution and referral to a specialized institution, but these institutions do not yet exist in Montenegro.
"We do not have a prison-type educational institution, and then after 60 days, which according to the law is the longest detention period for a minor for any criminal offense, the court can no longer order detention, and those persons, as in the specific case, are referred in 'Ljubović', because essentially there is no other institution", said Radulović and added that "Ljubović" does not have the capacity and conditions in any sense to provide adequate treatment of persons like LH, but "nor to provide, first of all, safety and safety of staff and other residents".
"Which are threatened by the arrival of such a person, a person who is suspected of committing a serious crime. Everyone knew what was going to happen, that very soon he would move away and leave the premises of 'Ljubović'. And then we have a situation where such a dangerous person moves freely in Podgorica or wherever he is. There is a serious danger that he will commit and repeat a criminal act", said Radulović and added that "the state must provide an institution where persons accused of committing the most serious criminal offenses for minors would be accommodated".
They prevented the first escape attempt, they did not get help from the police
LH (2006) was arrested in early June on suspicion of killing an elderly woman and covering her lifeless body with wood waste. He then spent two months in custody, in Spuž, and at the beginning of August, by decision of the High Court, he was ordered to receive temporary accommodation and was transferred to the "Ljubović" Center. A temporary measure can last until the end of the procedure.
Director of "Ljubovića" Nina Delevic she told "Vijesti" yesterday that before he escaped from the Center on Tuesday evening, LH tried to leave the institution three days earlier, on August 19. After that, the administration wrote a letter to the Security Center (CB) Podgorica for help, but there was no support.
"On August 19, around 08:18.00 p.m., minor LH tried to leave his room on his own by pulling down the protective blinds from his room, threatened to leave on his own, and was prevented from doing so by the teachers and security guards, and then, at our call, they came CB Podgorica inspectors, who interviewed them. After the assistance of CB officials, LH gave up his intention to leave on his own accord,” she said.
After that, as she said, they wrote to CB Podgorica and asked to provide them with constant (24-hour) police assistance.
"After the letter, the juvenile delinquency inspector visited us once more and interviewed the user. We were informally told that we cannot be provided with constant police assistance to secure that user due to the lack of staff at the Police Directorate. We have not received an official response from the UP until today," said Delević to "Vijesta".
Are there any responsible because he escaped from custody
The editorial office did not receive an official answer either. "Vijesti" already on Tuesday evening, based on unofficial information that LH had moved away from "Ljubović", asked the Police Directorate whether they had been informed about that event. The inquiry was repeated on Wednesday morning, with the addition of whether the management of "Ljubović" had previously approached them for security assistance.
The police unofficially said yesterday that they are looking for LH, which "Vijesti" had previously reported. They also said unofficially that the police have no obligation to guard "Ljubović" unless they ask for assistance, and that they recently went to that institution, following an invitation from "Ljubović", because they were informed that LH was threatening employees.
It was established, they said unofficially, that he did not threaten to threaten them, but that he would run away, which he did not do at the time. In an unofficial answer, they also said that the juvenile was placed in "Ljubović" by the Court's decision, not theirs.
"Vijesti" also sent questions to the Police Directorate regarding the responsibility of their officers in relation to the allegations that LH was "deprived of his liberty and that he escaped from the detention facilities in Podgorica" before the critical event - the murder, but they did not answer whether proceedings had been initiated within the Police Administration and whether anyone has been sanctioned for that.
The administration of "Ljubović", in addition to the police, after LH tried to leave the institution on August 19, also appealed to the High Court, according to whose decision the minor was placed with them:
"Where did we meet him that mldb. LH was previously placed in our institution on two occasions, and that in the period from October 13, 10 to July 2020, 16, he had 07 arbitrary removals, and that it is therefore debatable how long the mentioned user will remain in our institution ".
The court reprimand did not prevent a new crime
The minor LH in "Ljubović" was, before being placed on suspicion of murder, placed in that institution by the decision of the Center for Social Work Podgorica, then by the decision of the High Court, until the final conclusion of the proceedings for the criminal offense of aggravated attempted theft, for which a final court order was issued decision and the educational measure of warning and guidance "judicial reprimand" was pronounced.
Lawyer Veselin Radulović says that it turned out that the imposed measure had no effect and that it is a new problem regarding the criminal policy of the courts and the treatment of juvenile offenders.
"The judiciary, specifically the court, must deal with that problem, and this case has shown that. Everyone knew what was going to happen, that LH had committed criminal acts before, that he had been placed in an institution, that he was moving away arbitrarily, then the worst that could happen happened, he committed the most serious of criminal acts, he left the institution again. The question is what he can do if he stays free longer, he will commit a criminal act. We have a lot of problems regarding that person, it is about a minor who is neglected in every sense, social, educational and educational... The state must take serious care of these issues and ensure, above all, the safety of people who care or can enter in contact with that user", he said.
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