Among the registered candidates for the election of a special prosecutor are people who have by their previous acts and omissions to act, have shown that they are not ready to engage in the fight against corruption and organized crime, which is the main task of the Special Prosecutor’s Office.
In fact, the application on the appointment of a special prosecutor submitted and the Deputy High State Prosecutor in Bijelo Polje Ljubinka Madzgalj, in the public mostly known for leading an investigation in which has been unlawfully monitored Internet communications of MANS, and in which are violated the basic human rights of employees in MANS, all in order to protect the privacy of drug lord Safet Kalic and other criminals who were at his wedding.
We recall that a final judgment of a court found that the police and prosecution multiple times broke the law and violated basic human rights in the investigation that was initiated and led by Ljubinka Madzgalj. Testifying in that process, Madzgalj “could not recall” whether she watched a video of Safet Kalic’s wedding which was a reason why the communication of MANS was monitored. Madzgalj “could not remember” neither from whom she was given the case in which the basic human rights of employees in MANS are violated, why it was so important to her to determine who released a video of Safet Kalic’s wedding, why they used international legal help only to find out who released the video, nor any other details of the investigation in which they violated laws and basic human rights.
So, Ljubinka Madzgalj has already shown that she is not willing to investigate serious crimes, drug bosses, the bosses of organized crime groups and links of security officials with them. Contrary to that legal obligation, Madzgalj showed how to draw targets on those who reveal the crime and mafia links with the state, and how the state repressive apparatus is directed against them and not against corruption and organized crime. Rather than to establish individual responsibility in the police and prosecution for violations of fundamental human rights and illegal wiretapping and surveillance of MANS, the person who led that investigation is now running for a special prosecutor.
Also among the applicants for the Special Prosecutor and Deputy Basic State Prosecutor in Podgorica Sasa Cadjenovic, in the public is known for rejection of the charges against the former mayor of Podgorica Miomir Mugosa because of the affair “Customs”. Liberating Miomir Mugosa of criminal prosecution, Cadjenovic relied on municipal decision that was terminated years before. And in this case there is a final court decision establishing that the contract is null that Mugosa concluded with “Customs”, that caused multimillion damages in the city budget. Prosecutor Cadjenovic still “found” that Mugosa had the authority to conclude such an agreement. We remind that recently investigation was reopened in the case of “Customs”, and that is one of the cases that should be the subject of the special prosecutor’s office.
Another candidate for a special prosecutor to the public is known for his attitude towards the affair “Customs”. Specifically, Mirjana Milic was on the position of the Protector of Property Law Interests of Montenegro when she learned of the unlawful agreement that Mugosa concluded with “Customs”, and when the Supreme Court of Montenegro confirmed that it was null and void the contract. Neither Milic did nothing to protect national interests and to compensate multimillion damage caused to the State by conclusion of the contract between Miomir Mugosa and “Customs”. Instead, when Miomir Mugosa beside the verdict of the Supreme Court again decided to give the land to “Customs”, Mirjana Milic told reporters that she is officially absent from Podgorica, although the press at that time photographed her in the garden of the bar that operates precisely within “Customs”.
After the election of the Chief Special Prosecutor, it is very important who will all be elected as Special Prosecutor for the fight against corruption and organized crime. Chief Special Prosecutor should be given a chance to respond to the challenges that lie ahead of him and to fulfill the expectations of the announcement and after his election. Of crucial importance is the team that the Chief Special Prosecutor will have available in the fight against corruption and organized crime.
Candidates who have by their acts and omission of acts showed how the actors of corruption and crime are protected not how they are prosecuted, do not deserve to have their candidacy seriously considered. Therefore Prosecutors Council should analyze in details the current work of all candidates and should not allow in the Special Prosecutor’s Office to be elected those who have already demonstrated an unwillingness to fight against corruption and organized crime.
MANS
