Legal ignorance or a political setup?
In addition to the omission of specifying a concrete criminal offense for the alleged organizer of the criminal group, and the use of formulations unknown to the legal system of Montenegro, parts of the indictment include individuals and actions that have no connection whatsoever to the alleged criminal organization or the foundation of the charges. The introduction of Ranko Ubović into the narrative is legally inexplicable. Politically, however, it is clear: a deliberately planned prosecutorial strike aimed at discrediting businessman Ubović and his family
The Special State Prosecutor’s Office accuses businessman Aleksandar Mijajlović of heading a criminal organization dangerous to the state and society, yet an analysis of the indictment cannot precisely determine which criminal offense this alleged organization committed or intended to commit?!
„ACQUISITION OF ILLEGAL POWER“
The only concrete goal of the criminal group identified in the indictment by prosecutors Miroslav Turković, Jovan Vukotić and Ivana Petrušić Vukašević is the acquisition of illegal power.
- Aleksandar Mijajlović organized a criminal organization and committed criminal acts, not choosing means or methods to achieve the goals of the organization to acquire illegal power, directing all actions toward vital functions of the state, issuing orders for illegal activities to police officers and prosecutors, and particularly considering that he established certain media outlets and coordinated their editorial policies and activities within the social sphere - the indictment states, among other things.
However, Montenegrin legislation does not recognize a criminal offense called „acquisition of illegal power“. Nor is there a criminal offense of „coordinating editorial policy of media“, just as the Criminal Code of Montenegro does not recognize an offense under the label 2influence on media“.
ORGANIZING UNKNOWN MEMBERS OF AN ORGANIZED GROUP?
The unusual constructions do not end there.
In the criminal group allegedly organized by Mijajlović, roles and tasks were clearly divided, even though the special prosecutors claim that, in addition to six identified individuals, there were also, quote, „several unidentified persons whose roles are not yet known“.
According to the prosecutors’ interpretation, this criminal organization functioned perfectly, even though the exact number of its members is unknown. At the same time, five out of the six named members listed in the indictment did not communicate with each other or exchange messages at all.
Yet, according to the indictment, they produced consequences as if a coup attempt had been underway.
„A SENSE OF INSECURITY AMONG CITIZENS“
- All of this ultimately resulted in the defendants exerting extra-institutional influence on certain institutions, thereby affecting the rights and freedoms of citizens guaranteed by the Constitution of Montenegro, creating among citizens a sense of insecurity, distrust in institutions, media pressure, and uncertainty, ultimately undermining fundamental democratic principles - the indictment concludes.
By what legal means or methods did prosecutors Turković, Vukotić, and Petrušić Vukašević determine that citizens feel insecurity and distrust toward institutions? This is not stated in the indictment.
IGNORANCE OR ABUSE OF OFFICE?
It is clear, however, that such general assessments have no basis in the Criminal Code!
This excerpt from the indictment points either to alarming legal ignorance on the part of the prosecutorial trio or to a clear, intentional abuse of official position aimed at harming individuals identified as members of the criminal group, as well as the leaders of six targeted media outlets.
Further evidence of abuse and the political background of the indictment is revealed by another striking fact: the inclusion in the indictment of individuals and the characterization of their status even though they are neither treated as members of the criminal organization nor accused of any illegal acts.
All of this appears in the explanation of Sky (encrypted app) communications between Radoje Zvicer and Petar Lazović, in which the criminal organization of Aleksandar Mijajlović is not mentioned at all, but his friend, Podgorica businessman Ranko Ubović, is.
AN ATTACK ON RANKO UBOVIĆ’S FAMILY
- By linking these messages with undisputed data obtained from the database of the Ministry of Interior - Police Directorate, it is concluded that the accused Ranko Ubović is the son of Slavko and Novka Ubović, and that Novka Ubović… passed away on August 3, 2020, which further leads to the conclusion that Petar Lazović in the communications in question is indeed referring to the accused Ranko Ubović - the indictment states.
On what legal grounds Ranko Ubović is introduced into this narrative is inexplicable. Politically, however, it is clear - it represents a deliberate prosecutorial attempt to compromise Ubović and his immediate family.
IMMORALITY AND ILLEGALITY
In addition to seriously violating ethical norms by mentioning the deceased mother of Ranko Ubović, the prosecutorial trio assigns the Podgorica businessman the disgraceful label of „accused“, even though he is not listed as a member of the criminal organization in this case, nor is there a single message of his with anyone.
Numerous inconsistencies in the indictment, the targeting of media critical of the government, and the sudden, unexplained mention of businessman Ranko Ubović – those are all clear indications that the three special prosecutors had personal motives in pursuing the targeted individuals and media organizations. Or, more plausibly, that the prosecutorial trio acted on behalf of government politicians who designate targets, such as officials from the Democrats party.
All of this raises the question - not only of the moral basis of the prosecutors’ actions, but also of the legality of the indictment itself. Coincidentally, or perhaps not, it was filed on April 1, internationally known as April Fools’ Day.
Except that this kind of indictment can hardly be called - a joke.