After allegations of abuse, police officers stick together and help each other, and sometimes cover up the illegal actions of other colleagues, stated the human rights defender.
In the opinion about the complaint about the alleged torture he survived Mile Jovanović, the ombudsman says that the fight against exemption from responsibility must start at home, that is, within the service itself (police, prison, military authorities, etc.), but that in this particular case this did not happen and that the investigation was not effective.
The Protector stated that the police officers, inspectors of the Internal Control Department, and the Podgorica Basic Prosecutor's Office violated several rights of the injured party: "The ineffective investigation of the Basic State Prosecutor's Office... the complainant's right to dignity and inviolability of the person from Article 28 of the Constitution of Montenegro, i.e. the right on the prohibition of torture guaranteed by Art. 3 of the European Convention".
The protector's office reminds that Jovanović addressed them through a legal representative, stating that in the former Sector for the fight against organized crime and corruption (SBPOKK), he was tortured, abused, insulted, beaten and intimidated by police officers.
It is stated that it was established that on December 30, 2020, he was in a passenger vehicle that officers of the Intervention Unit of the Security Department (OB) Nikšić stopped at around 19:30 on the Vilusi - Nikšić road.
"During the inspection, a firearm with a deleted serial number was found in the vehicle with a frame containing 9 pieces of ammunition of the appropriate caliber, three mobile phones with encrypted protection, three black caps, so-called "phantoms" and eight pairs of unpacked gloves, after which all persons were escorted to the official premises of OB Nikšić. He was then deprived of his freedom together with Jovan Mrvaljević.
It is said that both of them had previously made allegations of abuse by police officers, which they repeated in a criminal complaint on January 5, 2021...
It is explained that the complainant, after stopping the vehicle at around 19:30 p.m., was escorted to the official premises of OB Nikšić where he stayed from 20:50 p.m. to 22:50 p.m. Podgorica, which he left at 03:39 a.m., i.e. after a total of eight hours...
"The submitted documentation does not refute the complainant's allegations that he was not allowed to call a lawyer and that SBPOKK officers tied his hands with dark-colored plastic clamps during the journey on the route Nikšić - Podgorica. There is no evidence in the case files that the acting officials informed the competent state prosecutor about the actions taken in relation to the complainant".
The protector warns, as it stands, about the continuity of bad practice when applying the institute of summoning citizens in order to collect information in their capacity as citizens. It is stated that this is not in accordance with Article 259 of the Law on Criminal Procedure, which stipulates that the police may summon citizens in order to collect information about the criminal offense and the perpetrator, but also that the summons must indicate the reason for the summons and that the citizen has the right to enter the premises of the police come along with a lawyer...
"The defender further reminds that in the practice of international bodies it was previously recognized that the risk of abuse is greatest in the first hours of deprivation of liberty. In this sense, the European Committee for the Prevention of Torture (CPT) consistently emphasizes the importance of three procedural guarantees, namely: the right of access to a lawyer, the right to access a doctor and the right to be informed by a third party, of one's own choice," the finding states.
In addition to the established illegal deprivation of liberty and without enabling the use of procedural guarantees that were established in order to prevent abuse, the Protector also clarifies that the statements of Jovanović and the acting police officers correspond in the part that the complainant refused to voluntarily say the code for unlocking the encrypted phone: "While they differ in that the acting officers specifically denied abusing him to force him to unlock his phone”.
"The above, along with the analysis of the content of the exempted SKY communication made between the police officer who was identified in the complainant's statements as one of the persons who abused him and a third person, and in connection with the event in question, without a doubt represents a convincing claim that the applicant was subjected to abuse in the sense of Article 3 of the Convention. Therefore, the state authorities were obliged to carry out an effective investigation", says the protector.
FIRST ACTION ONLY AFTER 10 DAYS
The defender clarifies that the timely and urgent action of state authorities in investigating allegations of abuse is considered key to preserving public confidence in their adherence to the rule of law and eliminating suspicions that the government tends to cover up or tolerate illegal actions by state officials, but that, despite this, acting the plaintiff took the first action 10 days after the application was submitted, i.e. on January 15, 2021...
"In the case concerning the excessive use of force, the violation of the obligation to conduct an effective investigation was established because 15 and a half hours had passed from the incident to the moment when the investigator was hired, as well as because the police officers involved in the incident were heard only after more than two days, while why were they not separated, so they had the opportunity to agree on their statements, although it was not possible to conclude that they had really agreed on them," the text states.
It is added that in the period January - March 2021, the plaintiff requested information from the Clinical Center twice, and that she was then on sick leave from March 20 to May 4, when she was unable to act in the case.
"The complainant was heard after more than four months from the date of submission of the report, i.e. on May 13, 2021, when he stated that he suffered physical injuries on the occasion in question, but that he did not go for a medical examination. The official whom the complainant identified in his statement before the prosecutor as the person who abused him, was heard more than two months later, on July 22, 2021".
It also says that the Sector for Fighting Crime informed the prosecutor on October 28, 2021 that the Department of Internal Control of the MUP had opened a case, she turned to that body almost a month later - on November 22, 2021, asking for a copy of the files in question.
The department then submitted the files on December 7, 2021, including an official note listing the names of the police officers who were in the car, they were heard more than three months later, on March 14, 2022, when they denied allegations of abuse.
"There is no evidence in the case files that the plaintiff took any official action from October 19, 2022, ending with March 23, 2023, that is, in a period longer than 5 months. Based on these and the deadlines in which other actions are taken as detailed in the established facts, it is concluded that the investigation does not meet the requirement of urgency"...
They have 30 days to write what they did
The Ombudsperson recommended the Police Directorate to act consistently in the future in accordance with the provisions of the Code of Criminal Procedure, as well as the Law on Internal Affairs, which prescribes the collection of information from citizens, as well as actions in the case of deprivation of liberty by the Police Directorate...
"To the Ministry of Internal Affairs - the Department for Internal Control of the Police - to provide the complainant with a written response regarding the handling of request no. 40-074/21-81/1 from January 5, 2021; To the Basic State Prosecutor's Office in Pogorica: c) to take other appropriate measures and actions in order to conduct an effective investigation", the protector's finding states.
It was stated that that office will continuously monitor the recommendation given to the Police Directorate, while the Basic State Prosecutor's Office in Podgorica and the Department for Internal Control of the Police are obliged to submit to the protector within 30 days a report on the actions taken to implement the given recommendations...
Four million for liquidations
The arrested secret agent Petar Lazović is suspected of torturing the scumbags Jovan Mrvaljević and Milo Jovanović, the Basic State Prosecutor's Office in Podgorica told Vijesti earlier.
At that time, it was said that in that prosecutor's office, four cases were filed against unknown perpetrators - regarding police torture in 2020 and 2021.
"In one of those cases, after the evidentiary actions, it was established that there is a basis for suspecting that the suspect PL committed the criminal offense of torture to the detriment of JM and M.J."
Jovanović is accused of being part of the now deceased Jovan Vukotić's criminal group, formed to liquidate the leaders of the Kavac clan, Slobodan Kašćelan and Radoj Zvicer.
The indictment presented that Vukotić was in Montenegro in November and December 2020 by offering four million euros for those liquidations via text messages via encrypted mobile phones.
Waiting for the arrival from America?
It is stated that the acting plaintiff, by act dated March 27, 2023, informed the head of the ODT about the actions she took, stating, among other things, that in order to make a decision, it is necessary to hear an employee of the SBPOKK.
"There is no explanation as to why it is necessary to hear this person in order to make a decision, if it is taken into account that all previously heard officers of the SBPOKK denied allegations of abuse, nor when and how is the hearing of this officer planned if it is taken into account that the plaintiff already on October 19, 2022, informed that this person is in America and will not come for a long time - several years".
The Protector notes that for a different conclusion, the address of the head of the ODT, who stated in the act dated May 30, 2023, delivered to the acting plaintiff, that it is necessary to urgently intensify the work in the case, so that she could make a decision in the same case as soon as possible , and which decision was not made as of the date of submission of the statement to the Protector.
Missed opportunities
In the initial phase of the investigation, the opportunity was missed for the complainant to be heard in a timely manner, and then sent for a medical examination in order to record possible physical injuries.
"It does not appear from the case files that all the persons who could contribute to the clarification of the event in question, i.e. SBPOKK officials whom the complainant found in the official premises, were heard, as it appears from the submitted video recordings," states the human rights defender.
He argues that the criterion, which implies enabling the participation of the alleged victim, has not been met, i.e. injured party, to the extent necessary to protect his legitimate interests...
"This conclusion stems from the fact that the alleged victim was allowed to participate in the proceedings with a considerable delay... Also, there is no evidence in the case files that the complainant was allowed to propose any action in the direction of proving his claims, and in terms of the prosecution's proactive actions. Nor was the act of identification carried out, which, through the participation of the alleged victim, would have enabled additional clarification of allegations of abuse. By not making a decision in the case in the period from January 5, 2021, ending with the day of submission of the statement to the Protector, i.e., September 4, 2023, the complainant is prevented from reviewing such a decision before the Higher Prosecutor's Office or, possibly, independently take over the prosecution”…
Jovanović was arrested at the end of January 2021, for the attempted murder of Belgrade mercenaries Radoj Zvicer - Veljko Belivuk and Marko Miljković
Bonus video:
