The Special State Prosecutor's Office (SDT) announced that the institution and its head do not influence, do not attempt to influence, or intend to influence the actions of any judge in making court decisions, and that they will continue to carry out criminal prosecution tasks conscientiously, independently, impartially, and responsibly, in accordance with the Constitution and the law.
They made this statement in response to an open letter by convicted former special prosecutor Lidija Mitrović, which, they said, was untrue in terms of the work of the SDT and the actions of the chief special prosecutor Vladimir Novović, "due to increased media interest."
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They state, among other things, that on March 23 and April 13, 2021, two criminal reports were filed with the SDT against former Defense Minister Olivera Injac and assigned to the now convicted former special prosecutor.
"In December 2022, the now convicted person drafted a decision on a direct indictment against the former Minister of Defense as a defendant, based on a criminal complaint dated March 23, 2021, and while acting in the case and drafting the decision, she committed numerous violations of the Law on the State Prosecutor's Office, the Criminal Procedure Code, the Rules of Procedure on the Internal Operations of the State Prosecutor's Office, and the Annual Work Schedule," the statement reads.
They say that Lidija Mitrović, among other things, repeatedly violated the right to defense of the defendant and other persons during the investigation: "She did not inform the defendants and their defense attorneys about the time and place of taking evidentiary actions that they have the right to attend, and she failed to simultaneously resolve the criminal case in relation to all defendants, as well as to decide on the second criminal report, dated April 13, 2021, which is why the Chief Special Prosecutor, using the powers under the Law on the State Prosecutor's Office, on December 1, 2022, gave the now convicted person written instructions for acting in the specific case, in order to resolve the case in accordance with the law, internal business rules and prosecutorial practice."
In April 2023, they add, the now-convicted former prosecutor drafted two types of decisions – a draft of a direct indictment against the former Minister of Defense as a defendant, based on the criminal complaint of March 23, 2021, and a draft decision to dismiss the criminal complaint of April 13, 2021.
"However, it was determined that the draft decision to charge was drafted on the basis of incorrect application of the law and other regulations and on the basis of incorrectly and incompletely determined factual circumstances, i.e. without conducting all necessary evidentiary actions in the investigation. It was also determined that the decision to dismiss the criminal report was correct and in accordance with the state of the files, but that the rules of procedure in relation to the rights of the filer of the criminal report were violated. Bearing in mind the above, the Chief Special Prosecutor, again using the powers under the Law on the State Prosecutor's Office, on April 6, 2023, again gave the convicted person written instructions for acting in the specific case, in order to resolve the case in accordance with the law."
They say that Lidija Mitrović did not complete her work on the criminal case until the moment she was removed from duty due to the initiation of criminal proceedings against her, by decision of the Prosecutorial Council.
"It is particularly noteworthy that, according to Article 132, paragraphs 2 and 3 of the Law on the State Prosecutor's Office, the convicted person had the right to point out the illegality or unfoundedness of the given instructions and to request that the instructions be repeated, and if they are repeated, to submit a written reasoned request to be released from further processing of the case, so that it can be given to another processor. However, the convicted person did not exercise any of the rights granted by law, which in itself speaks volumes about the legality and foundation of the given instructions," the SDT points out.
They also deny "false allegations" about the influence of Chief Special Prosecutor Novović on the judge of the Higher Court in Podgorica, Nenad Vujanović, who issued a final verdict sentencing Lidija Mitrović to prison for the extended criminal offense of abuse of official position.
They add that the allegations about the friendly relationship between Novović and Vujanović, or the mediation of the chief special prosecutor to ensure that the judge's close associates were promoted in the service, are also untrue.
"In this regard, and contrary to the allegations in the open letter of the convicted woman, the Special State Prosecutor's Office was not satisfied with the decision of Judge Vujanović, which found the former special prosecutor guilty and sentenced her to seven months in prison, which is why it filed an appeal, with a proposal that the Court of Appeal of Montenegro reverse the first-instance verdict and impose a stricter prison sentence, which was rejected," the statement reads.
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