The communications from the previously protected Sky application are regarded as digital evidence, or electronic documents, in line with the Criminal Code of Montenegro.

This clarification was provided by the presiding judge during a session of the Court of Appeal two days ago. Zorica Milanović, while issuing a ruling in the case concerning Nikšić resident Darko Janjic, who is implicated in establishing a criminal organization and engaging in the ongoing illegal production, possession, and distribution of narcotic drugs.

“The request from the Special State Prosecutor’s Office involved the submission of evidence—specifically electronic communications—in a format acceptable for a criminal court. Consequently, this court determined that the evidence in question qualifies as digital evidence—documents in electronic format—acquired through international legal assistance. It is important to note that while Montenegrin law does not explicitly categorize digital evidence, it can be considered as documents in electronic format due to Article 142, paragraph 29 of the Criminal Code of Montenegro, which clarifies that computer data is also recognized as a document,” Judge Milanović elaborated in the courtroom two days ago.

On that occasion, the Appellate Court stated for the first time that transcripts from the once-protected Sky app hold legal validity as evidence, marking the first conviction rendered in that court.

The court’s decision raised Janjić’s sentence from three years and eight months, previously assigned by the Higher Court, to five years.

“In adherence to procedural legislation, specifically Article 355, paragraph 1 of the Criminal Procedure Code, various forms of evidence, including documents, are presented at the main hearing to ascertain their contents. In this instance, we are addressing electronic documents that encompass not only text but also photographs and voice messages. The court reviewed these documents, listening to text messages and examining photographs,” Judge Milanović explained during the hearing.

On March 21, after announcing the ruling, the Court of Appeal confirmed that the evidence from Sky Communications was legally valid:

“This court believes that the evidence was lawfully obtained through international legal assistance concerning criminal matters, in accordance with the legal frameworks of the Republic of France and based on a ruling from the competent judicial authority of that country. This aligns with the provisions of the European Convention on Mutual Legal Assistance in Criminal Matters dated April 20, and the United Nations Convention against Transnational Organized Crime from December 15, 1959, which, per Article 12 of the Constitution of Montenegro, forms an integral part of the domestic legal order and takes precedence over national legislation,” the Court of Appeal announced after the verdict.

“This court holds that the accused and his defense were afforded a genuine opportunity to refute the evidence presented by SKY Communications during adversarial proceedings at both the first and second instance courts, including challenging the credibility of the evidence and opposing its admissibility. They indeed presented their counterarguments, but the court found that they did not undermine the credibility of this evidence,” the statement indicated.

Janjić was convicted of the offenses related to the formation of a criminal organization as well as the unauthorized production, possession, and distribution of narcotic substances.

“The ruling was made and publicly disclosed following a hearing before the Court of Appeals addressing the appeals from both the defendant’s attorney and the Special State Prosecutor’s Office, against the original verdict that imposed a singular prison term of three years and eight months for the creation of a criminal organization along with the extended offense of unauthorized drug-related activities,” the statement added.

Earlier this year, the Court of Appeal decided to conduct a hearing regarding Janjić’s case.

This decision reflected the appeals against the re-verdict from the Higher Court in Podgorica, which sentenced Janjić to three years and eight months in prison in October 2024.

Previously, judges of the Court of Appeal overturned the first-instance verdict last August, citing the absence of clear and justifiable reasons concerning the admissibility of the evidence derived from Sky Communications.

This argument was accepted following the appeal from Janjić’s defense attorney, Branko Anđelić.

The request from the Special State Prosecutor’s Office involved the submission of evidence—specifically electronic communications—in a form acceptable for court, leading this court to classify the obtained evidence as digital evidence from a legal standpoint.

Consequently, the Court of Appeal mandated a retrial and a comprehensive evaluation of all evidence; however, the judges of the High Court reiterated their prior decision.

Evidence from the Sky application was utilized, through which Janjić, as asserted by the Special State Prosecutor’s Office (SDT), communicated directly with an organizer of the criminal group, Radovan Mujović, providing information about the activities and habits of his fellow resident, Željko Radulović.

The alleged member of the Kavač clan targeted his son Ranko Radulović, who, according to police operations data, is known to collaborate closely with the Skaljari clan.

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