HRA NEWSLETTER 13 – TOPIC 6

The defendants in the “Tunnel” case were acquitted of charges that, in 2023, they had organized or participated in a criminal group that dug a tunnel to the depot of the High Court in Podgorica, from which evidence in ongoing cases before that court was stolen. The verdict, citing a lack of evidence, was delivered by Judge Borko Lončar of the Basic Court in Podgorica.

According to the court statement, no DNA traces were found on any of the items taken from the tunnel, the rented apartment, the basement, or the High Court depot in Podgorica. It was not established that any of the defendants had entered the rented apartment, its basement, the tunnel, or the High Court archives in Podgorica. It was also not determined who dug the tunnel or by what means.

As a result, the defendants Veljko Marković, Milan Marković, Dejan Jovanović, Vladimir Erić, Predrag Mirotić, Katarina Baćović, and Nikola Milačić were acquitted of the charges of criminal association combined with the offense of aggravated theft as co-perpetrators. Additionally, Katarina Baćović was acquitted of forgery, and Marijan Vuljaj of aiding her after the commission of the crime.

The Basic State Prosecutor’s Office in Podgorica announced that it will file an appeal with the High Court in Podgorica against the acquittal, citing “significant violations of procedural provisions, breaches of the Criminal Code, and incorrectly established facts.”

It should be recalled that when the “Tunnel” case was discovered, then-Prime Minister Dritan Abazović and government ministers were present at the scene, and public speculation arose that evidence may have been contaminated.

Attorney Veselin Radulović stated, “One thing is certain. The DNA of the Prime Minister and the ministers was definitely found. Whether it was done intentionally needs to be determined. I do not believe these people were so unaware as to be unaware of the damage they were causing. That behavior sent a message about where the investigation would go.”

Attorney Nikola Ivanović emphasized that it was “regrettable that the Prime Minister visited the scene and left traces while the investigation was ongoing.”

However, the  authorities have never issued a statement regarding this matter.

The defendants in the “Tunnel” case are accused of digging a 30-meter-long tunnel in July 2023 from the basement of a residential building to the High Court depot in Podgorica, which they entered on 8 September, and which contained evidence from cases that were ongoing or concluded in that court. The motive and the organizers of the break-in remain unknown, but the investigation determined that weapons (19 pieces), several mobile phones, and a small quantity of drugs were stolen from the depot. Expert examination established that the total value of the stolen items was nearly €11,800.

HRA NEWSLETTER 13

• N13.T1 – The Constitutional Court Still Waiting for Judges – Parliament Fails to Elect Any of the Proposed Candidates
• N13.T2 – Draft Amendments to the Law on the Constitutional Court of Montenegro Prepared – New Retirement Conditions for Judges
• N13.T3 – Vesna Medenica Convicted Again – Sentenced to Prison
• N13.T4 – Miloš Medenica Released from Spuž Detention, Vesna Medenica from House Arrest
• N13.T5 – State Prosecutor Srđa Jovanović Sentenced to Prison for Abuse of Office
• N13.T6 – Defendants Acquitted in the “Tunnel” Case, Widespread Criticism of the Verdict
• N13.T7 – The Prosecutor’s Office Report under the Shadow of Political Pressure
• N13.T8 – What Is the Role of the Supreme State Prosecutor?
• N13.T9 – Proposed Candidates for the Prosecutorial Council: One Studied for 16 Years
• N13.T10 – Statute of Limitations and Dismissal of Criminal Complaints in Prosecution Offices and Courts – Inefficiency or Something More Serious?
• N13.T11 – Supreme Court Identified a Procedural Error by the Administrative Court – Case on the Prosecutorial Council’s Decision to Be Reconsidered
• N13.T12 – New Judicial Code of Ethics Adopted – Ilićković to Lead Oversight Commission
• N13.T13 – Process of Establishing the Special Court Begins
• N13.T14 – Basic Court in Rožaje Hosts Open Day: Addressing Peer Violence and Court Challenges
• N13.T15 – Two Unions, Two Approaches to Strikes in the Judiciary