The Basic Prosecutor’s Office in Podgorica is set to reassess the criminal complaint filed by Defense Minister Dragan Krapović (Democrats) against Zoran Lazarević, the Chief of the Army of Montenegro (VCG), concerning the transport of a personal motorcycle in an official military vehicle from Slovenia. This decision follows a previous rejection of the report, with sources indicating that it lacked sufficient criminal elements, as reported by “Vijesti”.

In response to Krapović’s appeal, the Higher State Prosecutor’s Office in Podgorica has directed the Basic State Prosecutor’s Office (ODT) to review the case again.

As per news reports, senior prosecutor Tatjana Begović notified the Minister of Defense in early March that her examination of the case files indicated that the ODT’s earlier decision was “premature” and based on “insufficiently established facts,” noting that the justifications provided were ambiguous. Consequently, she instructed the prosecution to thoroughly ascertain the facts before rendering a lawful decision.

On December 6 of the previous year, Krapović lodged a criminal complaint with the Supreme State Prosecutor’s Office (VDT), accusing Lazarević of misusing his official capacity by transporting a personal motorcycle from Slovenia in a military vehicle—an action he claimed was for personal rather than official purposes, as Lazarević enlisted military personnel to retrieve the motorcycle from Celje.

Following a training session in Maribor, the Montenegrin Armed Forces personnel traveled to Celje to present gifts to the military attaché before collecting the motorcycle. However, complications arose at the Croatia border due to the absence of necessary export documentation for the motorcycle, leading them to cross the border on foot and leave the motorcycle in an official van on the Croatian side. According to the report, on Lazarević’s order, they returned the next day to recover the van and motorcycle, subsequently transporting them to “Ćilipi” airport to hand over to a representative of a rental agency.

The VDT forwarded the criminal complaint to the ODT, which dismissed it on January 21, asserting that Lazarević’s conduct did not meet the criteria of the alleged crime or any offenses prosecutable ex officio.

ODT: Lazarević did not exploit VCG benefits

Prosecutor Marko Ivanovic clarified in the decision’s rationale that during the motorcycle transport, no benefits accessible to the Armed Forces of Montenegro were utilized, and the NATO form required for transporting the vehicle without border and customs control had not been used. He further explained that the motorcycle underwent customs scrutiny at the border, suggesting that this situation might entail disciplinary rather than criminal liability for the Chief of General Staff, especially since there was no resultant benefit or damage to others, which are key elements of a criminal act.

The prosecutor noted that Lazarević “did not act as an official” in this matter but had requested the military vehicle driver to transport the motorcycle from Slovenia to the Montenegro border.

He also indicated that official travel orders were issued for each trip and for each official, including the one on March 24, 2024, concerning the journey to the Croatian “Ćilipi” airport. The orders were signed by individuals from the Ministry of Defense, and not Lazarević himself.

Ivanovic further concluded that the statement from Lazarević sent to Krapović within official correspondence was included as an attachment to the criminal report, but he deemed it inconsequential for the decision-making process since the statements were made in a personal capacity. He asserted that other attachments provided with the complaint were also irrelevant to the case.

Krapović: Prosecution’s superficial handling

Krapović lodged a complaint on February 14, urging the Higher State Prosecutor’s Office to annul the ODT’s ruling. He argued that he had presented sufficient evidence regarding the circumstances surrounding the motorcycle’s retrieval, emphasizing that the Montenegrin Armed Forces personnel, while officially training in Maribor, journeyed to Celje—55 kilometers away—according to Lazarević’s personal request.

He elaborated that the soldiers met with the military attaché of the Montenegrin Armed Forces in Slovenia before the company from which the motorcycle was taken, Veljko Mališić, to present him with protocol gifts.

“This clearly raises suspicions that the organization of personnel for transport and the presence of the military attaché was intended to create a service requirement, placing military members in Celje merely for such official appearances,” Krapović asserts.

He noted that the motorcycle was left at the border with Croatia due to the lack of necessary export documentation from the EU and that he and Lazarević agreed to leave an official vehicle as security for the motorcycle.

“Following the instructions of the person who reported this crime, the motorcycle left at the border was transported to Ćilipe to hand it over to a third party. In this context, they later returned to the border to retrieve the tarpaulin mistakenly forgotten for the motorcycle, leading to a second trip to the ‘Ćilipe’ airport,” Krapović stated, explaining that a new official vehicle was dispatched from Podgorica for drivers who remained in Croatia due to Lazarević’s personal requirements.

He noted that drivers were paid daily allowances from the state budget for activities associated with Lazarević’s personal interests, to the detriment of the Armed Forces of Montenegro.

Krapović contended that the prosecution dismissed the report based on “incorrect facts drawn from an unrelated case concerning a failure to inform the minister, rather than the actual event of transporting the motorcycle.”

He referenced the Law on the Armed Forces of Montenegro, which prohibits individuals in the army from leveraging their position for personal gain or in service of others connected to them.

“The Basic State Prosecutor’s Office in Podgorica dismissed the criminal complaint with a clearly superficial approach, among other things, relying on rationale and alleged facts from another case dealing with different issues,” Krapović stated.

The ODT initiated an inquiry based on Krapović’s information, which included Lazarević’s failure, contrary to his obligations, to provide relevant information to the minister, such as the use of military transport for a personal motorcycle.

“While the information strictly pertained to non-disclosure (and not the entire incident), during the provision of information, the accused articulated details about the transport instead of addressing the disclosure failure as mandated by law. By allowing him to elaborate on matters extraneous to the case files, that prosecutor dismissed the complaint on grounds pertaining to an incident not included in the original information, seemingly following the reasoning of the accused rather than adhering to legal standards,” Krapović concluded.

From this, he indicated, it appears that the prosecutors prioritized the complainant’s testimony over the evidence and the law, arguing that, for some unexplained reason, the written correspondence between him and Lazarević was not considered evidence, limiting acceptable evidence to “information gathered from a citizen—which lacks legal validity in court.”

Lazarević maintains his innocence

Lazarević stated to “Vijesti” in October that he believes he has not abused his official position in this matter and accuses Krapović of attempting to damage his reputation.

“I purchased the motorcycle from a Slovenian dealership, paying the retail price with a modest cash discount. The dealership was conveniently located next to the route the driver was taking back to Montenegro with an empty vehicle,” he explained.

Lazarević claimed that he promptly informed the minister about the situation, providing him with reports and invoices to avert any misconceptions.

The discord between Lazarević and Krapović surfaced following Krapović’s proposal to the Defense and Security Council at the end of August the previous year, advocating for Lazarević’s dismissal as part of a generational shift within the officer cadre. The motion was met with opposition from the council due to a lack of consensus among members.

The tripartite entity, composed of the state’s president, the parliament, and the government, operates on a unanimous decision basis, and the president at the time stood against Krapović’s proposal. Jakov Milatović stated he would consider supporting Lazarević’s dismissal only after being informed of specific shortcomings in the general’s performance.

By mid-September, Lazarević requested Milatović to “accept and sign” the decision regarding his dismissal from the position of head of the Armed Forces of Montenegro.

Subsequently, Krapović nullified the previous decision extending Lazarević’s term of service until June of this year, asserting that he met the requirements for termination of service. Alongside his request for Lazarević’s dismissal, Krapović proposed the appointment of colonel Miodrag Vuksanović as the new Chief of the General Staff.

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