Lawyer Srđan Lješković, the defense attorney of Ilir Đokaj who was sentenced to 40 years in prison in the first instance for the murder of Šejla Bakija and the wounding of her father Šaban, reacted to the statement of the Operational Team for the fight against domestic violence and against women.
The Operational Team said that nothing can be returned to Šeila, but that this verdict restores faith in justice and fairness.
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"Dear All,
No one can and should not justify murder, but the public must know that the job of defense attorneys is to provide the best defense to those who are suspected of committing criminal acts. Engaged defense attorneys do not defend the committed criminal offense, but rather defend the defendants and their rights, which are prescribed by the Constitution of Montenegro. Whoever understands has understood, and whoever doesn't, we leave him room for further thinking and manipulation.
The case and trial of Ilir Đokaj, for the murder of his wife Šejla Bakija, is an obvious example of the violation of the basic human rights of the defendant provided for in the Convention on Human Rights, one of which is the right to a fair trial, and then his basic right prescribed by the CPC, which is the right to defence.
The trial of Ilir Đokaj was the subject of the attention of the European delegation of the EU in Montenegro, the media, representatives of the Government of Montenegro, politicians, public figures and certain non-governmental organizations, who during the entire procedure publicly expressed their opinions, views and conclusions, although it is the duty of all of them of these persons was to, in accordance with Article 3 of the Law on Criminal Procedure of Montenegro, refrain from making public statements about the criminal procedure, which is in progress, not to offend other procedural rules of the rights of the accused and the injured party, as well as the principle of judicial independence.
It was through their statements made by representatives of certain non-governmental organizations through public media, and then through the organization of public protests, that they directly influenced the judicial authorities, violating the principle of judicial independence, so in this direction, through this response, we will present only some of the large number of statements of representatives of non-governmental organizations.
"There is no question of guilt. The killer is Ilir Đokaj, who confessed to the crime, so it's surprising that the proceedings are taking so long."
The question arises whether the statements made by the representatives of non-governmental organizations, where they directly comment on the work of the court on the ongoing case, represent a violation of the principle of judicial independence.
That non-governmental organizations, which do not have the status of a party in this procedure, are not the only ones who, through the means of public information, gave statements and expressed opinions about the ongoing procedure is also confirmed by the statement made by the Operational Team for the fight against domestic violence and violence against women of the Ministry of Internal Affairs, established by the Decision of the Government of Montenegro, given to Montenegrin portals on 16.04.2024/XNUMX/XNUMX. years.
Given that the Operational Team for the fight against domestic violence and violence against women, which was formed by the Government of Montenegro, is part of the Ministry of Internal Affairs, the question arises whether any member of the operational team had the written consent of the Minister of Internal Affairs, Mr. Šaranović, to give public appearances and statements in front of the Ministry of Internal Affairs, to express his opinion and conclusions about the criminal proceedings, which at the time of writing this denial, have not yet been legally concluded.
Since the written consent of the minister was necessary for the members of this team to make statements through public information means, it remains unclear what the reasons were, which had an impact on the minister of interior, in relation to the case of Ilir Đokaj, not making a public announcement.
The question arises of advertising the Operational Team, through means of public information and a part of the public comment: ..." but this verdict restores faith in justice and fairness".
Does this statement represent an attempt by the Operational Team and a way to divert the public's attention through constant pressure on the judicial authorities and by insisting on the sustainability of the 40-year prison sentence handed down to Ilir Đokaj for a criminal offense in which a large number of procedural errors were made in the process itself? from the failure of the police in this procedure since its beginning.
Therefore, we believe that there is no room for the Operational Team of the MUP, whose task is to improve the work of the competent authorities through their work, and not to make suggestive proposals to the court through public appearances in this case, where there are obvious failures of MUP officials. about the course of the procedure, because it is the representatives of the MUP who are the service of the prosecution and if they had any suggestions, they could do so and it was their obligation to submit their observations during the procedure through an official channel, that is, according to a pre-prescribed procedure.
If there is support for this behavior of the Operational Team of the Ministry of Internal Affairs, representatives of the European Union in Montenegro, certain non-governmental organizations, former and current political champions, during the entire procedure initiated against Ilir Đokaj, it derives from and represents the official position of the representatives of the Government of Montenegro and the Ministry of Internal Affairs , then the judiciary and the prosecutor's office should be abolished, and the bar should be banned, because the question arises of the purpose of the existence and work of these institutions and the legal profession, if judgments are made by representatives of European delegations, non-governmental organizations and political parties in Montenegro.
If the Operational Team of the Ministry of Internal Affairs really believes that judicial decisions can be made by non-governmental organizations, the Minister of Internal Affairs, various teams of the Ministry of Internal Affairs, then the question arises not only of the purpose of the existence of the judiciary, but also the question of realizing the principles of the rule of law and democracy, but also all other segments, which democracy includes in its definition.
If the Operational Team of the MUP of Montenegro, headed by Mr. Šaranović, believes that this behavior of its officials is the ultimate limit and the greatest reach of democracy in Montenegro, we point out that this is a wrong attitude, which is not on the path of European integration. , because Montenegro does not belong to underdeveloped countries, where there is no democracy, although if the trial of Ilir Đokaj were seen from the aspect of being tried in an underdeveloped country, it would certainly have a higher degree of respect for human rights, and therefore democracy. , than he had in his country.
Exactly this way of behavior of those subjects, who are legally obliged to refrain from giving statements when court proceedings are in progress, and especially of the Operational Team of the MUP, whether and which of the appointed members of the Operational Team work for any other goals than those that are in the interest of the State of Montenegro and its citizens.
But, in order not to open up endless questions, and from a professional point of view, respecting the rights of the defendant, as well as the injured party and her family, with this statement we end any further communication on this topic and wait for the sentencing of the verdict, so that in accordance with the law, they can file an appeal." , it is stated in Lješković's reaction.
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