MANS today to the Chief State Prosecutor, Ivica Stankovic, filed a criminal complaint against Radosav Ljeskovic, the command of the Special Anti-Terrorist Unit (SAJ) of the Police Authority on reasonable suspicion of having committed several criminal offenses prosecuted ex officio and which relate to events during and after the break of protests of Democratic Front (DF) on October 24th in Podgorica.
In criminal charges of MANS Ljeskovic is suspected of having committed a criminal offense of assistance to the perpetrator after the commission of the offense, the offense of giving false testimony and the criminal offense of forgery of official documents, as well as the criminal offense of abuse of office power. MANS filed this charge after Ljeskovic in the process of gathering information refused to submit to the prosecution a written report on the use of force after the protests of DF and the testimony he gave before the prosecution.
We suspect that Ljeskovic at the hearing which was held on Novembra 2nd at the Basic State Prosecutor in Podgorica failed to mention all the facts in relation to the incident that have been known to him as commander of the SAJ and the facts are of crucial importance for the clarification of the crimes committed by members of the SAJ. These suspicions confirmed and Ljeskovic by himself announcing before the prosecutor that members of the unit that hi commands actually beat Miodrag Martinovic, but he due to the solidarity signed a “joint report” of the SAJ in which there is no data on the use of coercive measures towards Martinovic.
In accordance with the Criminal Procedure Code (CPC), Ljeskovic was warned that the obligation is to speak the truth and not to withhold anything, and that perjury is a criminal offense. In addition, the commander of the SAJ unit, which is responsible for the prevention and detection of crimes and their perpetrators, was aware that by suppression of important facts regarding the overstepping of authority, serious bodily harm and torture of Martinovic and destroying his property, directly helps that all the perpetrators of these crimes are not discovered.
Namely, registered in the performance of official duties as the commander of the SAJ had information about a concrete engagement of every member of that unit, and also about those members who have been with him on assignment in the vehicle “Hammer”, and before the prosecutor he falsely claimed that he does not know who they are ” because they were wearing masks”.
After giving this testimony, SSP had to prosecute Ljeskovic even without our charge, but we hope that after its formalization concrete steps would be taken towards the commandant of the SAJ.
On the other hand, MANS is particularly concerned by the fact that Podgorica’s basic Prosecution the members of SAJ invited to a hearing as citizens and not as witnesses. This is primarily because their commander previously was heard just as a witness and confirmed in his statement that members of the unit participated in the beating of Martinovic. Therefore, the members of that unit could only have status of a witness or defendant in this proceeding.
In addition, the collection of information is an action that is purely operational in nature and it has no evidentiary significance in criminal proceeding. Therefore, all possible information that the prosecutor got through a conversation with members of the SAJ do not constitute evidence that the prosecution could use to initiate criminal proceeding.
Furthermore, according to the CPC, when giving information in the preliminary investigation citizen is not obliged to say anything and is not obliged to tell the truth, which makes the members of the SAJ in this particular case, without the risk that they will be held responsible for it, to be silent before the prosecutor about important facts that they know ,but also to tell him the false information that could the investigation directed in the wrong direction.
Because of all this invitation and hearing of members of the SAJ as citizens can hardly lead to a result and evidence for prosecution of those responsible for the brutal beating of Martinovic, because they all, along with the commander, already clearly demonstrated the solidarity and intention to conceal the perpetrators of serious crimes from their ranks. In this way, they are enabled to avoid responsibility because by the law they can not be responsible for what they do not tell to the prosecutor or for what they falsely say as citizens.
MANS hereby once again invites on the competent prosecution to responsibly prosecute this case, because the final outcome will give an answer to a public question whether Montenegro has already slid into open dictatorship, characterized by stripping force, or is its way has a European origin.
MANS
