Milos Marovic
Today MANS called on the Ministry of Justice and the High Court to reject any possibility of accepting Milos Marovic’s appeal to serve prison sentence in the Republic of Serbia, since it would be contrary to the law and an international agreement concluded between Montenegro and Serbia. It would also represent another public ridicule of the legal system, which has been the Marovics’ practice backed by the Montenegrin judiciary.
Milos Marovic’s legal representative has already announced that he will submit such a letter rogatory, in case of which the High Court will act in accordance with the international Agreement on Mutual Execution of Court Decisions in Criminal Matters signed between Montenegro and Serbia.
The said agreement provides the possibility to the Court of Serbia that in case of taking over exercising of the judgment, it may impose, according to its national law, a sentence of imprisonment or other measure which involves deprivation of liberty. There is no doubt that Marovic counted on “other measures”, or, as he conceived it, the possibility of imposing “house arrest” instead of a prison sentence of up to one year. This was confirmed by his lawyer, who said that Marovic “has chosen the option that suits him better.”
However, the agreement between Serbia and Montenegro stipulates what “other measures that involve deprivation of liberty” which could replace jail are. Under the Agreement, these are merely security and corrective measures that result in deprivation of liberty. Therefore, this Agreement does not provide for the possibility that the court which carries out the sentence pronounces “house arrest,” since at the time of signing the Agreement, such sanction did not exist. Therefore, it is not possible to put into practice what Milos Marovic and his legal representative conceived without violating the agreement between the two countries.
Therefore, the Ministry of Justice and the Court must reject Marovic’s appeal and eliminate the possibility of his dodging the international agreement, laws of Montenegro and Montenegrin courts judgments. We remind that Milos Marovic has been evading serving the sentence of imprisonment, on the grounds of being in ill health although the photographs of his nightlife leaked as he was awaiting the Serbian citizenship.
Milos Marovic have agreed the sentence with the special prosecutor, which is a kind of mockery of the legal system. The Court has accepted this sentence, without trying to determine whether legal requirements for such an agreement between Marovic and the prosecution have been met.
Accepting his appeal at this moment and possible imposing of home confinement would be another reason to doubt that such a scenario has been agreed in advance, that it was a part of the agreement between Marovic and the prosecution and that the Montenegrin judiciary makes every effort to allow grand corruption actors to commit crimes with impunity and to “choose options” to avoid prison.
MANS
