Will Milo and Ana Đukanović still appear before a judge?

The position of the Podgorica Higher Court that the "Telekom" case is not absolutely time-barred opens up the possibility that the former head of state Milo Djukanovic, his sister Ana and several other individuals will soon be questioned in connection with the controversial privatization of a once successful state-owned company.

This, the ruling states, refers to the part that treats the criminal offense of accepting a bribe, which the Đukanovićs, former representatives of that then state-owned company, the HLT fund, the Monte Adria company and Mađar Telekom, are charged with. Oleg Obradovic, Veselin Barovic, Damjan Hosta i Tomas Marvai.

Protector of property and legal interests Bojana Cirovic She told "Vijesti" yesterday that she would wait for a new decision from the investigating judge, while at the same time saying that after this court's stance, the prosecutor's office also has an opportunity to re-launch the investigation in the case.

The Criminal Pre-Trial Chamber of the Higher Court ordered the investigating judge to reconsider Ćirović's proposal and hear the parties involved in the privatization of the former Montenegrin Telecom.

The Ombudsman's Office initiated criminal prosecution in the case in October as a subsidiary prosecutor on behalf of the state, after the Special State Prosecutor's Office dismissed the criminal complaint filed by the Network for the Affirmation of the Non-Governmental Sector (MANS) last summer, claiming that the statute of limitations had expired. The decision was made by Special State Prosecutor Ana Perović Vojinović and confirmed by Prosecutor at the Supreme State Prosecutor's Office Veljko Rutović.

In early October, the government tasked the Ombudsman's office with undertaking criminal prosecution as a subsidiary prosecutor on behalf of the state, but the investigating judge rejected the proposal to conduct evidentiary proceedings - to hear the actors in the "Telekom" case, in accordance with the Criminal Procedure Code.

In October, Ćirović asked the investigating judge to, among other things, question Milo Đukanović about his actions as prime minister during the preparation of the tender procedure for the sale of Telekom's share capital, the decision to accept the offer from Hungarian Telekom, the decision of the then government to pay contributions to all minority shareholders, but also about the report of the commission of the then Privatization Council on the results of the tender... She suggested that judge Ana Đukanović ask about the existence of a contract with the company Sigma Inter Corp, USA, for the provision of consulting services, reports on the services provided...

"The decision of the High Court confirms the position of the Protector that procedural actions were taken in this case, and therefore the statute of limitations was interrupted. The High Court finds this and gives precise dates for the onset of the absolute statute of limitations for each criminal offense individually. First of all, we need to wait for the decision of the investigating judge, given that in the dismissing part, the case was returned to the investigating judge for a new decision, after which a final position will be taken on further actions," Ćirović told "Vijesti".

He recalls that the High Court panel explains that the statute of limitations has not expired for certain criminal offenses - accepting a bribe and accepting a bribe through aiding and abetting.

"...In what part could the prosecution reopen the case, begin taking action, given that the prosecution for these criminal offenses is solely the responsibility of the prosecution," said Ćirović.

Milovac: The key responsibility of prosecutors

The decision of the High Court confirms what the Network for the Affirmation of the Non-Governmental Sector (MANS) has been warning about from the very beginning - that the "Telekom" case has been handled for years in a manner that served more to close the case than to establish full responsibility for one of the largest corruption scandals in the modern history of Montenegro.

This was told to "Vijesti" by the deputy executive director of MANS. Dejan Milovac, commenting on the position of the criminal pre-trial chamber of the Higher Court that the absolute statute of limitations had not expired in that case because "in the meantime, procedural actions were taken to discover the perpetrator and the criminal offense, which interrupted the statute of limitations."

Milovac is particularly concerned by the fact that the public has been convinced for months that the absolute statute of limitations for criminal prosecution has set in, while now the Higher Court has determined that there was no basis for this.

"This development further raises the issue of the responsibility of prosecutors who kept the case in drawers for years, but also of all those who made decisions based on an incorrect interpretation of the statute of limitations. We recall that MANS had previously warned that it was precisely the prosecutor's failure to act that led to the statute of limitations for some criminal offenses, which is why we requested the establishment of disciplinary and professional responsibility in this case," he stressed.

According to him, the "Telekom" case is another example that clearly speaks in favor of the need to implement thorough vetting in the Montenegrin judiciary.

"…Especially in those segments that have kept cases like 'Telekom' in drawers for years, while those responsible remained far from the reach of justice. Without a serious review of the professional responsibility of judicial office holders who enabled years of obstruction and institutional passivity, it is difficult to talk about real judicial reform and restoring citizens' trust in institutions. The 'Telekom' case has been recognized by international institutions and the US SEC for years as an example of high-level corruption related to the privatization of state property, and its efficient processing was also one of the important issues for the credibility of the Montenegrin judiciary and Montenegro's European integration," Milovac concluded.

Koprivica: International symbol of secret agreements

The decision of the High Court that the prosecution of the "Telekom" case has not been stayed represents an important victory for justice, responsibility and the institutional determination of the state to deal with corruption and abuses that have harmed the public interest for years, announced Deputy Prime Minister Momo Koprivica.

"That is precisely why the state, using its legal powers, undertook criminal prosecution in its capacity as a subsidiary prosecutor, guided solely by the interest of protecting the state and its citizens. This function is successfully, legally and responsibly carried out by the institution of the Protector of Property and Legal Interests of Montenegro, as the legal representative of the state," said Koprivica, emphasizing "the exceptional value of the legal interpretation and arguments of the Protector of Property and Legal Interests of Montenegro, which were presented in the complaint to the prosecutor's office."

"The Telekom International affair is a symbol of a system in which fictitious consulting contracts served as a cover for secret agreements that were proven to embezzle state property, multi-million-dollar interests far from the public eye, as well as the fabrication of evidence, which was admitted in the United States by certain participants in a secret meeting held in Podgorica on January 12, 2005. More than seven million euros were given for corruption through false consulting contracts, and to the entourage of former Prime Minister Đukanović," Koprivica said.

Other participants in the secret meeting, he said, received privileges and illegally donated money to the party of the former regime, thus gaining the belief that what they were doing was unpunishable.

"But institutions are changing qualitatively, the state is decisive and is not today in the service of private interests, so it can be concluded that the participants in the Telekom affair have prematurely hoped for obsolescence," said Koprivica, adding that the fight against corruption, as he claims, has no alternative and that institutions exist to protect the public interest.

What does the High Court's position mean for Saša Čađenović?

The Supreme State Prosecutor's Office, headed by Milorad Marković, did not respond to "Vijesti"'s questions regarding the position of the Higher Court yesterday.

They did not even answer the question of whether the Special State Prosecutor's Office (SDT) would reopen the "Telekom" case after that statement.

The question of whether and in what way the position of the Higher Court can influence the recent decision of the Disciplinary Council of the Prosecutorial Council, according to which the suspended special prosecutor Saša Čađenović is guilty of failing to act in the "Telekom" case, which led to the statute of limitations, remained unanswered, and he was punished with a six-month salary reduction of 40 percent and a ban on promotion for the next two years.