Bjelopoljac Alija Balijagić (64) told the investigating judge at the Higher Court in Bijelo Polje that he had contemplated killing more individuals from his neighborhood and believed he would act on this impulse if he encountered them, claiming “they deserved it.”

This information is detailed in the ruling of the panel from the Bijelo Polje Higher Court, which dismissed as groundless the appeal from his defense attorney, who sought to allow Balijagić to defend himself while free.

The ruling was delivered by a panel chaired by Judge Svetlana Načić, which also included Bojana Radović and Dragan Dasic.

In their justification for denying Balijagić’s request to defend himself from freedom, the judges referenced a report from the Danilovgrad Forensic Center concerning fingerprint analysis. The report indicated that Balijagić’s fingerprints were found on the living room window and the outer tin roof of the home belonging to siblings Jovana (60) and Milenka Madžgalj (69), whom Balijagić is suspected of murdering on October 25, 2024, in the Bijelo Polje hamlet of Sokolac.

“It was determined that the prints originated from the palm of AB’s right hand,” the ruling indicates.

The judges also noted that DNA expert examinations revealed Balijagić’s biological trace on a hunting rifle cartridge, and he was identified as one of the two donors of biological material found in bloodstains beneath the window, on shattered glass remnants, the window handle, the refrigerator door, and within a drawer…

The Higher Court’s ruling states that Balijagić’s defense attorney contested the decision made by the investigating judge on March 18.

“Lawyer M.V“… from Bijelo Polje submitted an appeal outlining all legally warranted reasons, asserting that the conditions for detention were not applicable to the defendant, and recommended that the panel accept the appeal, annul the contested decision, and allow the defendant to defend himself freely,” the appeal, which was unanimously rejected by the three-member panel, states.

Balijagić faces charges for aggravated murder of the Madžgalj siblings, as well as for illegal possession and carrying of weapons and explosives.

Suspected of Double Murder

The panel that considered Balijagić’s defense attorney’s appeal concluded that the evidence within the Higher Court’s files – including the investigative order from the Higher State Prosecutor’s Office in Bijelo Polje, the criminal report from the Bijelo Polje police, and their supplementary report, along with attached evidence – raised reasonable suspicions regarding the defendant’s commission of the alleged crimes.

They asserted that reasonable suspicion is a prerequisite for ordering a person’s detention:

“The determination of whether the defendant actually committed the alleged offenses will be established in the subsequent stages of the criminal proceedings.”

“At the time the investigating judge rendered the contested decision, no irregularities cited by the defendant’s counsel were noted, nor were there significant violations of the Criminal Procedure Code (CPC), which the court must monitor ex officio as per Article 417, paragraphs 3 and 4 of the CPC. The investigating judge in Bijelo Polje provided clear and justifiable reasons for their decision, which the panel of this court has upheld. Contrary to the appellate claims, the investigating judge rightly determined that conditions existed for ordering detention based on the grounds stipulated in Article 175, paragraph 1, items 1, 3, and 4 of the CPC. The panel of this court believes that ordering detention is necessary at this time based on the grounds in Article 175, paragraph 1, item 1 of the CPC. The defendant has been on the run from the authorities since the alleged crime on October 25, 2024, with a national arrest warrant issued for him by the investigating judge’s order, followed by an international arrest warrant, which ultimately led to his detention in the Republic of Serbia,” the ruling states.

The judges also highlighted that the defendant is aware of the severity of the charges against him:

“Given the potential prison sentence, if found guilty, this cannot leave him indifferent regarding the court and the proceedings. In contrast to the appellate arguments, the fact that the defendant was previously on the run suggests he may act similarly again if released, thereby obstructing the progress and conduct of the proceedings. Furthermore, the defendant has two brothers residing in Sarajevo and relatives in Serbia, indicating possible familial connections abroad that could facilitate his escape and concealment. Therefore, the panel concludes such factors justify the detention order as per Article 175, paragraph 1, item 1 of the Criminal Procedure Code,” the Higher Court judges assess.

The necessity of detention is also supported by Article 175, paragraph 1, item 4 of the CPC.

“The defendant is reasonably suspected of committing aggravated murder under Article 144, paragraph 1, items 1 and 8 of the Criminal Code of Montenegro, which carries a minimum sentence of 10 years or longer imprisonment, fulfilling the first legal requirement for detention based on pre-trial grounds under Article 175, paragraph 1, item 4 of the Criminal Code.”

“In this specific instance, the severe nature of the crime amplifies its gravity, particularly regarding the manner in which it was perpetrated, as there is reasonable suspicion the defendant took the lives of two individuals, a brother and sister, within their family home. These circumstances lend a particularly serious character to the alleged crime,” the judges noted, affirming that no conditions warranted the termination of Balijagić’s detention.

The suspect in the double murder was extradited to Montenegro from Serbia after being detained by security forces there on November 21, 2024.

During questioning at the Bijelo Polje prosecutor’s office, he confessed to murdering the Madžgalj siblings with a hunting rifle in their home on October 25 of the previous year.

He expressed remorse, stated he had no prior acquaintance with the Madžgalj family and did not know their last names, admitting he had no reason for the killings.

He explained that he reacted violently following an argument with a man named Jovan, to whom he introduced himself as the hunter Drašković, and who had questioned his identity and character. After a heated exchange, he told Jovan to leave the house and vowed never to return.

He reported to the prosecutor that after the incident, he spent the night about 500 meters away from the Madžgalj residence and departed for Grančarevo the following day.

Concerns of Repeat Offense

The Bijelo Polje High Court panel deemed it appropriate to keep Balijagić in custody due to potential repetition of the crime.

“The defendant’s statement during the hearing before the investigating judge, wherein he claimed to have reasons to kill more individuals from his neighborhood and expressed belief that he would act on it if encountered, along with his criminal history – evidenced by the Ministry of Justice, Human and Minority Rights indicating multiple prior convictions – suggests that he is a habitual offender and that previous criminal sanctions have not effectively deterred him from reoffending. All these factors contribute to a reasonable suspicion that if released, the defendant may commit further offenses, thereby justifying the necessity of detention,” the ruling states.

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