The trial against former members of the Sector for Combating Organized Crime, Zoran Backović and Boris Andjušić, has commenced. Despite the extortion of statements, the active employees from the Police Directorate and the Ministry of Defense have yet to be temporarily suspended and continue to report for duty regularly.

The reasons for the failure of the system, alongside the lack of a temporary suspension prior to criminal proceedings, will be clarified after a thorough review of all communications between the Basic Court, the Police Directorate, and the Ministry of Defense, where Boris Andjušić has been employed since late 2021.

The primary trial for the accused members of the former Support Team, led by Zoran Lazovic, opened on January 22, 2025, at the Basic Court in Podgorica. The injured party, Milo Jovanovic, provided detailed accusations that he was physically assaulted to elicit a confession after his arrest in late January 2021, under suspicion of plotting the murder of Belgrade associates of the Kavača group, Veljko Belivuk and Marko Miljkovic, at Tivat Airport.

Both defendants, Backović and Anđušić, provided testimony during the trial, revealing that they had not been temporarily removed from their positions despite the ongoing legal proceedings against them.

(LACK)INFORMATION FROM THE POLICE

In response to an inquiry from “Vijesti” regarding whether a notification of the initiated criminal proceedings was sent to the Ministry of Internal Affairs (MUP), the Basic Court in Podgorica confirmed that notifications were sent on November 19 and 27, in compliance with Article 2024 b of the Criminal Procedure Code.

“The Ministry of Interior has been informed by the Basic Court in Podgorica that a criminal case has been initiated against the defendants Boris Anđušić and Zoran Backović, with the business code K.br. 684/24,” stated Ksenija Vuksanovic, the public relations advisor of the Basic Court.

The Police Administration (UP) acknowledged receipt of the notification from the Basic Court, indicating on November 27, 2024, “an act was received confirming that an indictment had been filed against a UP officer for the criminal offense of extortion of testimony in complicity, leading to a criminal case being established.”

In their response to “Vijesti”, the Police Department noted that officers from the Regional Security Center “West” had sought confirmation from the Basic Court regarding whether criminal proceedings had been initiated against police officer Zoran Backović, as the Basic State Prosecutor’s Office in Podgorica had filed an indictment for extortion of testimony.

They did not specify when this inquiry was made.

“To date, the Basic Court in Podgorica or the judge overseeing the case have not informed the Police Directorate, as the competent authority, about the scheduled main hearing, as required under Article 19b, point 1, paragraph 2 of the Criminal Procedure Code. This prevents the immediate superior from taking action under the Law on Internal Affairs, specifically Article 176,” the UP’s response indicated.

THE LAW IS CLEAR

The police authority emphasized that communication in line with the “aforementioned article of the Criminal Procedure Code is the only legally relevant condition for issuing a temporary suspension of a police officer.”

Article 19b of the CPC outlines constraints on certain rights involved in criminal proceedings, which are activated upon the filing of an indictment or the summoning to a primary hearing in summary proceedings per Article 454, paragraph 1. The court is mandated to inform the defendant’s employer within three days of making this decision.

Under Article 176 of the Law on Internal Affairs, a police officer must be temporarily suspended if criminal proceedings are initiated for offenses involving corruption or related to their duties until the criminal case reaches a conclusion.

The law allows for a temporary suspension of a police officer even prior to the initiation of criminal proceedings if an investigation order has been issued regarding offenses warranting prosecution, especially if the officer’s position poses a threat to the integrity of the Ministry of Interior and the Police Department.

The immediate supervisor is required to submit a reasoned proposal for temporary suspension within five days, and the police director must relay this proposal along with his recommendations to the minister for a final decision.

A police officer suspended from duty is required to surrender their official badge, identification card, firearm, and any other issued equipment.

ABUSE IN TIVAT AND PODGORICA

Former members of the Support Team were arrested on July 19 of the previous year, following directives from the Basic Prosecutor. This came after the Special State Prosecutor’s Office supplied case files, which included detailed SKY communications between individuals, alongside numerous messages and photographs, prompting an investigation.

The formal charges against Backović and Anđušić were filed on October 31, 2024, which resulted in the suspension of investigations against UP officers, as reported by Nikola Žižić.

A police officer must be temporarily suspended if criminal proceedings are initiated regarding offenses involving corruption or related to their job duties until the resolution of such proceedings, as outlined by the Law on Internal Affairs.

Milo Jovanović from Nikšić reported that he was tortured by police officers on January 22, 2021, when they entered his residence under the guise of searching for a confession.

Human Rights Action (HRA) has previously reported that Jovanović claimed he did not resist arrest but was slammed to the floor by several masked officers who struck him in the back.

During this altercation, he sustained injuries to his nose. Following this, he was moved to another room where the physical abuse continued, including kicks to his limbs and blows to his genitals and ribs. He was subsequently transferred from Tivat to Podgorica, specifically to the police facility within the City Mall (the Crime Prevention Sector), where the mistreatment persisted, according to HRA disclosures.

Evidence of Jovanović’s torture, including a clear image showing his nasal injury, can be found in communications from the SKY application.

HRA has repeatedly highlighted the ineffectiveness of the investigation, criticizing the prosecutor’s reluctance to pursue evidence in this matter and addressing the shortcomings of prosecutor Ivana Vuksanović, which resulted in delays. Consequently, the Prosecutorial Council established on May 13, 2023, that the complaint against Prosecutor Vuksanović’s conduct was justified.

The case was reassigned to prosecutor Find Martinovic, and prosecutor Marko Ivanovic completed the investigation, leading to charges against two former members of the Support Team.

The Ministry of Defense has not been notified of charges against Andjušić.

The Ministry of Defense of Montenegro confirmed that it has not received any notification from the Basic Court regarding the initiation of criminal proceedings against employee Boris Anđušić.

This information was part of their response to “Vijesti”, which asked whether the Basic Court in Podgorica had contacted them regarding the charges against their employee.

According to the Ministry of Defense, they did not suspend Boris Anđušić due to the lack of formal notification of the criminal proceedings against him.

The Public Relations Bureau of the Ministry of Defense confirmed to “Vijesti” that Boris Anđušić commenced his employment at the Ministry of Defense on November 22, 2021.

HRA emphasizes the ineffective investigation

Human Rights Action previously reported that the Constitutional Court determined in April 2024 that the investigation conducted by prosecutor Ivana Vuksanović was neither urgent, comprehensive, nor independent.

“The Constitutional Court affirmed the credibility of the allegations regarding police abuse ‘beyond reasonable doubt’, based on ‘a set of indications, evidence, and sufficiently serious, clear, and agreed upon assumptions such as the physical injuries observed in the Emergency Center, for which medical experts stated could have occurred during his detention’. We are pleased that the accelerated investigation eventually yielded indictments. Nevertheless, we urge the Supreme State Prosecutor to hold accountable all state prosecutors involved, both in this case and others, who, through their negligence in police torture cases, allowed officers to evade responsibility, and to announce measures to prevent such practices in the future,” stated HRA earlier.

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