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Montenegro: Media and Freedom of Expression, Regular Report 2012

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Montenegrin independent media and its journalists have been exposed to new attacks and pressures over this year. These were manifested through physical assaults on journalists, financial pressures and legal proceedings. Not surprisingly, therefore, Montenegro is now ranked lower than in the previous year on the Reporters without borders’ report on media freedoms, where its 107th position is the lowest in the region. In Europe, only Belarus, Russia and Ukraine have lower rankings. The enhancement of media freedom has been one the key requirements for obtaining the date for commencement of EU accession negotiations.

Representatives of the independent media have a huge problem with regard to security and normal functioning of their newsrooms due to the pressures from the criminal and political circles.

The case of Olivera Lakic: Daily Vijesti journalist Olivera Lakic has been physically assaulted in the evening hours on March 7, 2012, in front of her house in downtown Podgorica. Ms Lakic wrote last year a series of articles on illegal production of cigarettes in the northern town of Mojkovac. After that, those in that murky business threatened Ms Lakic and her family in several ways, while the police tried to minimize and cover up the case instead of investigating it thoroughly and protecting the journalist.

A few days after the attack, the police arrested one person, who, according to Ms Lakic’s best knowledge, did not have any motive to assault her. She insisted that those who commissioned this act be found. She also announced her withdrawal from journalism, until the state authorities resolve the case.

Earlier this month (December 2012), Montenegrin prosecution authorities examined Milenko Rabrenovic, a police officer employed at the Ministry of Internal Affairs, on suspicion that he threatened Olivera Lakic and her daughter after a series of articles about the illegal cigarette trafficking in Montenegro. Mr Rabrenovic was a driver of the former Head of Montenegrin Police Authority Veselin Veljovic when these texts were published.

The case of Veselin Drljevic: In February of 2012, the editor of daily Dan Veselin Drljevic and the photographer of this paper were assaulted by a group of hooligans who inflicted several injuries on Drljevic’s face and body. Perpetrators of this attack were found and legal proceedings against them have begun.

The case of arson of Vijesti vehicles: Police did not find out who are the arsonists who torched vehicles of Vijesti. Fire was set on four vehicles of Vijesti in three night operations. Although the representatives of Police and Government have stated that they are diligently working on resolving these cases, no progress has been made after several months of investigation.

Montenegrin police and judiciary did not manage to solve numerous previous cases of physical endangering of journalists and editors in Montenegro, starting with the 2004 murder of publisher and editor Dusko Jovanovic, the 2008 murder of Srdjan Vojicic, who was a guard of Montenegrin poet Jevrem Brkovic. The same applies to subsequent attacks on Tufik Softic, Zeljko Ivanovic, Mladen Stojovic and others. One of the main requests of massive street protests in 2012 and the petition of media professionals sent to EU officials Baroso and Fule was for these cases to be solved.

The persecution of Mihailo Jovovic, Vijesti’s Editor in Chief: Three years upon the physical attack by the Podgorica mayor Miomir Mugosa and his son Miljan Mugosa on Mihailo Jovovic, Editor in Chief of Vijesti, and Boris Pejovic, its photographer, the Court has sentenced only conditionally Mayor’s son Miljan, although the court practice for all types of severe injuries similar to the one inflicted by Miljan Mugosa is to impose prison sentences. However, even after such an epilogue, the Prosecution has appealed to the Superior Court, whom it is now asking to reverse its decision and to prosecute instead the Editor in Chief for alleged attack on the Mayor’s son.

In August 2009, Jovovic and Pejovic were assaulted by Mayor Mugosa and his son while covering a story on Mayor’s repeated illegal parking and the functioning of the city’s communal police. The journalists were threatened with a gun by the Mayor’s son and Mr. Jovovic was admitted to hospital with a ruptured eardrum. Colluding with the Mayor, police failed to take any evidence from the scene, including the gun, while prosecutors falsely indicted Mr. Jovovic for attacking the Mayor’s driver and causing him serious brain injury, contrary to two expert medical opinions.

Treatment of the independent media representatives as criminals and enemies: The representatives of the independent media have been accused for being disloyal to the Montenegrin state and depicted as non-patriotic, even for belonging to the organized crime.

In many public appearances during the last year, the new prime minister and leader of the ruling political party DPS Milo Djukanovic continued the campaign against the independent media. He called the representatives of independent media rodents that need to be deratized. On more than one occasion Djukanovic has repeated that media and civil activists represent a major barrier on the Montenegrin road towards Europe, that they chase away foreign investors by writing about corruption and organized crime, and that they want to bring down the current administration by all means possible.

During the recent campaign for parliamentary elections held on 14 October, Djukanovic and his associates engaged more with the independent media than with the opposition. In his speeches, Djukanovic falsely accused the independent media for coordinating the opposition parties and announced the arrest of Miodrag Perovic, co-founder of daily Vijesti and weekly Monitor. During the campaign, Vijesti’s correspondent Goran Malidžan was physically assaulted at a DPS party rally in that city.

Media completely or partially funded by the government publish serials about the representatives of independent media, using the hate language and numerous lies. So, the female journalists and civil activists are called prostitutes, while owners and male journalists are presented as fools, animals and national traitors. In the media controlled by DPS, the attacks on independent media are openly ridiculed. The state owned daily Pobjeda is leading this propaganda.

On the other hand, only in the independent media one can find serious investigative pieces on corruption, non-transparent privatizations, links of the political elite with criminals, etc. The aim is clear – to silence and discipline the independent media, their founders, editors and journalists by publicly lynching them.

Financial pressures through advertising: The biggest portion of the total advertising budget from the state institutions – the national and local governments, agencies, ministries, state owned companies – goes mostly to the media controlled by the state and ruling political structures. A recent research conducted by the Center for Civic Education, has concluded that the state-controlled daily Pobjeda, albeit with the smallest circulation, benefits from the greatest number of advertisings by the state institutions and enterprises.

Pobjeda sells its advertising space to the state companies and institutions for much higher prices than Vijesti and Dan do. Also, Pobjeda offers very low advertising prices to private companies, thus threatening the independent media to loose its main source of revenue.

The launch of a free daily newspaper and dumping prices by competitors: On the small Montenegrin market, two daily newspapers have been launched over the past year. One of them, ‘Dnevne novine’, was established and distributed without charge for almost a year and, since very recently, is selling at a nominal price of 20 cents, while the other, named ‘Blic’, is selling at a token price of 30 cents. On a market of 650 000 inhabitants, such low dumping prices cannot be economically sustainable. The largest-selling and most influential dailies in Montenegro, ‘Vijesti’ and ‘Dan’, are sold for 70 cents. This fuels strong suspicion that the establishing of media with dumping prices is politically motivated and that the anonymous financiers are willing to invest huge fortunes in order to undermine the independent press. Needless to say, the state authorities entrusted to implement the Law on Protection of Competition are not reacting.

The ownership structure: Most of Montenegrin media are controlled by the top of DPS and are being financed in a nontransparent way. It is unclear who really stands behind them, as a significant majority is bankrupt; some have multimillion losses but still keep functioning. Government covers losses of Pobjeda and public Radio & Television of Montenegro out of its own budget. Behind the others, publicly or secretly, stand tycoons and their companies who support the propaganda in favor of the government. At the same time, the top state and DPS party officials aggressively and falsely depict the owners of daily Vijesti and weekly Monitor, the media that are struggling to survive under such oppressive circumstances, as filthy rich media monopolists and mafia.

Indicative is the case of the daily Pobjeda which remains in a majority ownership of the state, even though the Media Law of 2002 called for the privatization of this house by 2004, at the latest. Since then, two tenders have been ‘unsuccessful’, so the Government continued to finance the newspaper despite the legal provisions forbidding this.

Now, after the third announcement of the tender, the government could cede Pobjeda well below the anticipated conditions of sale. According to recently released information, it could happen that the state assumes the huge debts of Pobjeda, which amount to about 20 million. The only bidder is the Bosnian company Avaz. Owner of Avaz is controversial Fahrudin Radoncic, a longtime friend of Milo Djukanovic. Messrs Radoncic and Djukanovic were Montenegrin Communist Party officials before the multiparty system was introduced.

Court cases: Journalist of the weekly Monitor Veseljko Koprivica won the case against Montenegro in the European Court for Human Rights in Strasbourg. Explanation of judges in Strasbourg was that the penalty and damage charges for alleged libel, which were assigned to Koprivica in Montenegrin court, were not in accordance with the practice of HRC in Strasbourg. This court ruling is a great encouragement, since in the last few years dailies Vijesti and Dan and weekly Monitor paid over 300 000 euros for alleged libel and pain and suffering of the plaintiffs, former prime minister Djukanovic and his close representatives of business elite included. In a majority of these cases penalties imposed in the Montenegrin courts have not been in accordance with the practice of HRC and have jeopardized the economic survival of these media, and thus the freedom of speech and expression.

The verdict in Koprivica vs. Montenegro could positively influence the courts in Montenegro, which currently deal with many court proceedings for libel against dailies Dan and Vijesti and weekly Monitor.

It is encouraging that the Constitutional Court of Montenegro at the beginning of this year overturned the verdict of the Supreme Court against the weekly Monitor and its journalist Andrej Nikolaidis. The Constitutional Court in its interpretation of judgment called on the practice of the Court in Strasbourg.

Lawsuit by Ana Kolarevic: On the same day that it was announced that the Prime Minister will be Milo Djukanovic, his sister and lawyer Ana Kolarevic filed a lawsuit against dailies Vijesti and Dan, and the weekly Monitor, seeking compensation of 100,000 euros from each of them. The pretext is the alleged mental pain that she has suffered as a result of their reporting on the Telecom affair. Earlier this year, the US court authorities in New York opened a high-level corruption case related to the Telecom privatisation in 2005. In New York Court documents, Prime Minister Djukanovic’s sister is brought in connection with this affair and its dubious contracts, which were highlighted by the media that she is now suing. Ms Kolarevic has decided to file a lawsuit only ten months after the first articles appeared, when it was clear that her brother would return to the post of Prime Minister.

Public Radio and Television: Advisory Committee of the Public Broadcasting Service (RTCG), after the overturn of the former managing director, appointed the new one – Rade Vojvodic. Mr Vojvodic was a long term director of the private television ‘IN’, which was subsequently liquidated following a bankruptcy. He is also a close friend of Milo Djukanovic. In an ambitious program, Mr Vojvodic has announced reforms and drastic decrease of number of employees. While layoffs were initiated, Mr Vojvodic brought to RTCG most of his personnel from TV IN. According to the Independent labor union of RTCG, their hiring was in collision with the Employment law.

Although the arrival of the new management improved the viewership rating of public broadcasting services, the quality of the programme is still questionable. The editorial board now insists on entertainment and sports, for airing the Champions League, for example. and which absorb significant state budgetary funds. At the same time, educational, scientific and informative programme, which are the foundation of every public service broadcast, still have inadequate professional standards. In the news programs, the primacy is still given to the ruling parties and leading government officials, while the information on actions and views of the opposition and civil society representatives significantly lags behind.

RTCG is accused by some members of its Advisory Board for non-transparent allocation of funds in previous years, as well as for closing suspicious contracts worth millions with the off shore company Fiesta. For more than ten years, Fiesta has been an agent for leasing of satellite services for RTCG. Interestingly, the company “Fiesta” was in the middle of the corruption scandal associated with the privatization of Montenegrin Telekom.

Self regulatory bodies: After several months of deliberations, in which local OSCE and EU delegation representatives also took part, the Montenegrin media community decided to establish two self-regulatory bodies. In March 2012, the ‘Media self-regulatory body’ was formed, bringing together 19 electronic and print media. A significant number of these media is financed from state and local budgets, while a majority of them does not keep distance from the ruling structures. Since their inception, they have commented mostly the activities of dailies Vijesti and Dan, TV Vijesti and weekly Monitor, instead of focusing on their founders.

On the other hand, dailies Vijesti and Dan and the weekly Monitor, which had advocated the establishment of two separate bodies since the beginning of these deliberations – one which would deal with issues of self-regulation in the print media and the other in the electronic media – formed a working group for establishment of a Press council. The working group has drafted the key documents and announced the creation of the Council.


Željko Ivanović, CEO daily Vijesti

Mladen Milutinović, CEO daily Dan
Milka Tadić Mijović, CEO Monitor weekly

Podgorica, 27 December 2012

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IN ENGLISH

2BS FORUM IN KGB HOTEL: Atlantic Council of Montenegro – who and what it represents?

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The current ACM chairperson is Milica Pejanovic – Djurisic, a long-time official of the once ruling DPS, former minister of defence and a reputable senior diplomat. The activities of the ACM are realised through three centres of which the Digital Forensic Center (DFC) comes to the fore. DFC was founded in 2018 and has released a number of publications on Russian malign influence, mainly from the view point of DPS

 

Last week (3-4 Oct) the 14th To Be Secure Forum Montenegro (2BS) took place in Hotel Splendid in Becici – Budva, under the auspices of the Atlantic Council of Montenegro (ACM). Its website states that 2BS is a leading politico – security conference in Southeast Europe. This year’s topic is World in Disorder: Turning Adversity into Opportunity with a focus on the repercussions and security challenges in the Western Balkans.

The event brought together more than 400 participants including government officials, high-ranking representatives of international organisations and diplomatic missions, and prominent experts in security and international relations. ACM points out that “it has devoted itself to the promotion of Euro-Atlantic values ​​and international security since it was founded in 2006”. In the same year, the ACM became a member of the global Atlantic Charter Association (ATA).

The current ACM chairperson is Milica Pejanovic – Djurisic, a long-time high official of the Democratic Party of Socialists (DPS). She was also a Minister of Defence and a reputable senior diplomat. The ACM activities are carried out through 3 centres, of which the most exposed is the Digital Forensic Center (DFC) founded in 2018. DFC has released a number of publications on the subject of Russian malign influence, mainly from the view point of DPS. Allegedly, the DFC was founded in order to “fight against disinformation, fake news and propaganda campaigns aimed at destabilising democratic processes in Montenegro and the Western Balkans.”

The founder of the 2BS Forum and the DFC is Savo Kentera from Budva. He chaired the Montenegrin Atlantic Council from 2008 until May 2022, when the minority government of PM Dritan Abazovic (supported by DPS in the national assembly) appointed him to head the National Security Agency (NSA). Mr Kentera lasted little less than 5 months. As soon as the 12th 2BS Forum in Becici was over, he was sacked by the government following the DPS termination of support to Abazovic after he signed signed the controversial Concordat with the Serbian Church (SOC). Prior to his sacking Mr Kentera launched an NSA operation against Russian spy network, allegedly in cooperation with international partners and the Special Prosecutor’s Office (SPO). Two Montenegrin citizens were arrested, 6 Russian diplomats were expelled, and 28 foreigners were barred from entering the country.

However, the whole operation turned out to be a farce. Eventually, the two Montenegrins were not accused for espionage. Only one was suspected for illegal possession of weapons. No trial has ever taken place. 

Mr Kentera at the time praised the “professional work” of NSA, which could boast of “many good people with high skills  (who are)… professionals”. He further said he wouldn’t want “anyone to think that criminals or people with links to crime work there”. The published transcripts of the once believed to be impenetrable SKY ECC app of an NSA official showed quite the opposite.

It is worth noting that the 2BS Forum founder (who claims that he supports Euro-Atlantic values) for many years chose the same hotel for the conferences. The founder of Hotel Splendid and its majority owner is now late Viktor Ivanyenko – retired director of the infamous KGB. During his term under President Boris Yeltsin, the service changed its name to the Federal Security Service (FSB). How a state employee and the chief of spies of the Russian Federation (and with money of dubious origin) came to own 4 hotels on the Montenegrin coast was never a reason for any concern, let alone inquiry, while the country was led by so-called  pro-western Milo Djukanovic.

The Russian president Vladimir Putin (who was also at the helm of FSB following Ivanyenko’s retirement) said in 2004 that “ there is no such thing as a former KGB man”. The hotel is known as a meeting place of Russian intelligence and foreign and local business people and/or criminals. One of them, very close to Djukanovic, was put on the US Treasury’s blacklist, while another of his buddies is now under the protection (from going to prison) of Aleksandar Vucic

Not only politicians and criminals have links with the Russian intelligence. In the aforesaid hotel on 24 May 2022 the then head of the Montenegrin Church (MOC) Miras Dedeic (The Rt Rev. Mihailo) met with a GRU (Main Intelligence Directorate) colonel Leonid Malofeyev. After a 5-hour meeting the two were photographed together. Mr Malofeyev, whose photographs with the Rt Rev. Mihailo were published by Podgorica-based Antena M, appeared in the robes of the Metropolitan of Moscow and All of Russia of The True Orthodox Church of Russia under the monastic name of Seraphim.

The aforementioned religious organisation (which is one of the proxies of the Russian intelligence) has developed deep ties with the MOC, including financial ones, according to critics of Bishop Mihailo. On the other hand, the Serbian Church has never even tried to conceal its non-spiritual ties with the Moscow Patriarchate. Based on the briefly opened state archives after the collapse of the USSR, the current Russian Church (ROC) head Kirill Gundyayev, is also a KGB agent who was later awarded tax free business with alcohol and cigarettes.

Much has already been published and circulated about substantial financial and political support of Vladimir Putin and his oligarchs to the project of independent Montenegro. Published audio conversations (covertly recorded) of the then Serbia and Montenegro ambassador to Russia Milan Rocen (and a long time confidante of Milo Djukanovic) have shed a new light on the Russian role in Montenegro’s independence drive. The release of heretofore unpublished recordings were recently heralded by the pro-Russian outlet IN4S. However, the publication of contents which could be potentially harmful to the DPS was stopped – allegedly on orders from the Russian embassy.

Under the DPS and its leader Djukanovic, Montenegro became one of the hubs for Russian spies and Russian organised crime in Southeast Europe. The western press and official reports of the western governments constantly warned about the Russian influence in Djukanovic’s fiefdom. Moreover, in 2011, the DPS signed a strategic agreement with Putin’s United Russia which has never been revoked. The DPS was recently challenged in the Montenegrin parliament to revoke the agreement with the United Russia. However, a DPS MP indirectly ruled it out.

In March 2023, a Russian opposition paper Novaya Gazeta and Transparency International, published a detailed report on the continued influx to Montenegro of Russian dirty capital, spies and intelligence experts for cyber warfare in 2019.

The purchase of real estates, including a cultural heritage site protected by law, and the further entrenching of Russian intelligence could not happen without the blessing of the DPS authorities. Back in 2019, Montenegro was already in NATO and claimed that it was on bad terms with the Kremlin due to so-called coup d’etat attempt in the fall of 2016 in the wake of parliamentary elections. The subsequent televised trial turned into a satirical farce resulting in the first-instance acquittal of all the defendants.

Mr Kentera’s DFC and ACM in their analyses of the “Russian malign influence” widely bypass Djukanovic and his DPS, both when it comes to pre-accession times and upon joining the Alliance. That’s not mentioned either at the 2BS Forums or in the DFC publications. All energy is devoted to marginal roles of public Putinists in the New Serbian Democracy (NSD) and the Democratic People’s Party (DPP). Even the leaders of these parties indirectly acknowledge their irrelevance in Montenegrin relations with Russia (as the Kremlin has better friends in the former DPS regime).
The government of PM Milojko Spajic announced it would allocate 50,000 euros to sponsor the conference after the ACM’s request for continued partnership (and financial assistance). The ACM had long ago signed the Memorandum on Cooperation with the Ministry of Foreign Affairs and the Ministry of Defence. The cabinet ministers from the Vucic-Putin bloc (NSD-DNP-SNP) opposed the sponsorship, which is strange since part of the money was meant to go to their beloved Russian “hosts” of the Forum. However the majority of the cabinet acknowledged the reputability of the event and the long-term sponsorship.

Nevertheless, the subsequent reactions of the prime minister show that the conference was rather used to promote Djukanovic again. Furthermore there are allegations of behind-the-stage efforts to broker a coalition deal for power sharing in the capital city of Podgorica with the political forces of the current president, Jakov Milatovic.

Spajic didn’t turn up at the Forum. He tweeted on X that the conference went “contrary to expectations” and became “mainly a platform for the analysis of local Podgorica election results by prominent experts like Djukanovic and Milatovic. They silenced the foreign guests by bickering against their own country.” According to informal sources, the Government has not wired the money yet. 

The quantity and quality of ACM’s cooperation with similar organisations is also questionable, at least when it comes to the promotion of the aforesaid Euro-Atlantic values. Those values should primarily mean support for democracy, the rule of law and fight against organised crime.

In communication with our paper, the director of the European Center of the Atlantic Council of the USAJorn Fleck, emphasises that the ACM and the American Atlantic Council are two completely different organisations. As for the activities of the US Atlantic Council in Montenegro, Fleck says that “one of the Europe Center’s nonresident fellows attended the Western Balkans Growth Summit in May in Kotor. The same fellow was invited by event organisers to attend the inauguration of President Milatovic”Furthermore, “in 2019, the Atlantic Council took a delegation of Congressional Staffers to the region, including a stop in Montenegro”.

A recent New York Times (NYT) article summarised the long rule of Montenegro’s former autocrat that the 2BS conferences promoted (partly with taxpayer money) under the appearance of Euro-Atlantic values. It says that “addled by corruption, Montenegro under its previous leader, Milo Djukanovic, had become a haven for drug traffickers and cigarette smugglers”. The aforesaid things most certainly cannot make it into the ACM and DFC publications.
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IN ENGLISH

The case of Vitaliy Grechin’s group and girls allegedly rescued in Porto Montenegro: Fight against human trafficking or scapegoating for box-ticking

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The Grechin case raises doubts that good statistics on fighting organised crime are more important than the fight itself. The prosecutor claims it’s a trafficking in women case whereas the allegedly trafficked women and the defence claim the opposite

 

 

Montenegro can hardly escape serious criticism in periodic reports on human rights violations and organised crime published by competent international organisations. However, the inadequate fight against human trafficking is the most serious objection. The State Department (SD) released the latest global report on human trafficking four days ago in Washington D.C. with highlights made by the US Secretary of State Anthony Blinken. When it comes to Montenegro in particular the report says “the Government does not fully meet the minimum standards for the elimination of human trafficking, but is making significant efforts to do so.” However, “the government demonstrated overall increasing efforts” compared to very bad 2023; thus Montenegro was upgraded to Tier 2 countries.

One of the “increasing efforts”, although not mentioned in the report, could be the case of a US citizen Vitaliy Grechin and his three friends, two Ukrainians – Oleksandar Lishchynsky and Oleksii Blahoslavov and one Russian – Bogdan Petrov. The case raises suspicion that another fixing of statistics with technical/cosmetic embellishments might be in place, which was a common practice during the previous regime. Although the governing power has been changed, the Montenegrin courts, the state prosecution (with exception of the Special Prosecutor’s Office) and the police have remained largely unreformed and staffed with the vetted appointees of the former Democratic Party of Socialists (DPS) regime.

In the early morning hours of 31 October 2023, police officers of the Tivat Security Department (TSD) raided Hotel Regent in Porto Montenegro marina resort. Grechin had rented the Regent’s entire floor for his friends and guests. The aforementioned four were handcuffed and brought at the High Prosecutor’s Office (HPO) in Podgorica on suspicion of human trafficking. The police also published that it had “rescued” 18 girls from Ukraine, Belarus, Russia and Israel. The police officers, acting on HPO’s orders, took the girls to the Tivat Social Work Centre and subsequently relocated them to safe facilities throughout Montenegro.”
 

The indictment says that in October 2023, Grechin, together with the other three, then “a certain Marko R from Belgrade” and “a photographer Aleksandar from Russia” recruited and transported the victims in an organised manner “for the purpose of sexual exploitation and use for pornographic purposes”. The aforesaid Grechin, Blahoslavov and Petrov bought plane tickets for the girls and waited for them at the airports in Tivat and Podgorica, then transported them to “exclusive hotels and accommodation – villas and Hotel Regent in Porto Montenegro”. It is further claimed that the defendants “organised in advance the unannounced photographing and recording of naked bodies with the aim of sexual exploitation and use for pornographic purposes on (Internet) platforms”. Moreover Petrov was subsequently charged with facilitating the use of narcotics (Article 301 of the Criminal Code) since he had prepared a so-called joint at the request of one of the girls and left it ready for use on her bedroom terrace. The Forensic Centre in Danilovgrad found that the cigarette contained 0.06 grams of cannabis, while further 0.2 grams of cannabis remains were found on the grinder.

The topic is a very delicate one and requires a careful examination before jumping to conclusions. According to the case files, which the Monitor had access to, not a single girl believes she has been “rescued” by Montenegrin police. Out of 15 girls who gave statements before the prosecutor, 10 girls had serious objections to the behaviour of police officers. In the statements (made in November 2023, January and February 2024) the “rescued” girls described the Montenegrin police treatment of them as “rude”, “terrible” and “cruel”. They complained that they were “refused a lawyer”, denied a copy of their statement. They object to the official interpreters’ bias and deliberate mistranslation. Several of them said they were kept without food and water for hours, while one described how “a police officer hit the wall above my head when I wanted to say something”. Another said that “at the hotel they examined our bodies by undressing us in front of men” thus making her “morally and physically humiliated”. The police “kept us for 12 hours without food or drink and gave us no explanation” for such a treatment. Another girl described how the police officers “took us to the hotel to pick our things and were pulling us by our shirts, I felt malice and injustice”. One girl complained that “the police wrote down what I did not say” and that she signed the statement under pressure.

The only girl out of 18 alleged victims who joined the criminal prosecution against Gretchin is MM from Israel. One of Grechin’s lawyers, Nebojsa Golubovic, requested the court at the pre-trial hearing to exclude her statement from the case files because she consented to press the charges against Grechin at the time when the prosecutor was alone with her, without presence of the defence lawyers – which is against the law. The court records show that MM was interrogated without any lawyer being present on November 1, 2023, from 10:39 PM to 11:00 PM. In a recent telephone interview with the Monitor MM said that she had signed the statement “under pressure from the prosecutor and the police” having already been held for 6 hours. They wouldn’t allow her to call her parents. She says that no one translated what she was signing and that she was told that she could contact her parents only after she signed the statement. MM says that she doesn’t consider herself “rescued” by Montenegro’s police whereas Grechin is her longtime friend. Several other girls confirmed the same, saying that they came to Montenegro freely and that they had documents and money with them all the time and that they could move around freely. Some of them came with their parents and children to Montenegro several times and showed photos from 2023 and preceding years as a proof.

So far the HPO has not reacted to the accusations. The Monitor was told that a legal representative of 13 girls would soon file criminal charges against the police, both for inhuman treatment and for confiscating money, valuables and electronic devices from the girls. The Monitor also reached out a couple of local organisations that are specialised in protection of vulnerable groups and women’s rights. Both organisations refused to comment on the case files and/or get officially involved so as to monitor the proceedings.

The prosecutor in charge does admit in the indictment that, except for one, “the other witness statements (14 out of 15) do not correspond with the material evidence”, which raises the question of identification of human trafficking victims. The HPO refers to the statement of the European Court of Human Rights that “the victims themselves are often not aware that they are victims”. In this case, the public prosecutor claims that “in the case of existing material evidence – i.e. photographs and recordings obtained through searches of electronic devices, the inconsistency of their statements must be interpreted as the fear of the consequences of the proceedings and as the fear of the defendants themselves”. The prosecutor further points out that “the witnesses who didn’t testify in favour of the defendants, and even the witness who has joined the criminal prosecution, together with the witnesses who testified in favour of the defendants, eventually submitted their authorisation for use of the aforementioned photographs and recordings”. That was done “through the defendants’ attorneys and not through their appointed (by the prosecutor) attorney”.

The defence lawyers reject the prosecutor’s reasoning as in that line of work the so-called release forms are almost always signed when the photos are accepted for publication. This can be verified on the websites of several big photography agencies which provide similar services.

The prosecutor also claims that the material found in electronic devices has “explicit” and “pornographic” content. The allegation is pretty questionable though as it makes no distinction between pornography and erotica. Among the “evidence” are photos published in renowned American erotic magazine Playboy (Russian-language edition), for which Grechin and internationally awarded photographer Oleksandar Lischynsky worked for many times. Lischynsky lives in the Netherlands and erotic art photography is his specialty. Besides Playboy, he had his photographs published in other similar magazines, and on websites. He also held exhibitions in Germany and other EU countries. Some of the presented Playboy editions of 2019 and 2020 have bylines of Lischynsky (as a photographer) and Grechin (as a spatial designer).

One of Grechen’s attorneys Mr Vuk Jaredic submitted to the court the analysis of Dr Nikola Markovic PhD, a court expert in the field of art history – fine and applied arts. Dr Markovic made the report at the request of Mr Jaredic. He states that “when it comes to the aforesaid material, it is clearly visible that the author (Lischynsky) carefully and responsibly avoided any display of pornography or any content that ultimately could be noticed and recognised for explicit display or sexual organs or other sexual acts”. He further states that “it is clear that the aforesaid photographic material was not created for the purpose of any sexual gratification, but rather it was the author’s endeavour for an aesthetic solution whereby he tries to express his creative approach”. 

Another court expert (for copyrights) Professor Miodrag Jovanovic PhD drafted his analysis upon Mr Jaredic’s request. Based on the statements of the each girl and their subsequent signed authorisation, he says that it proceeds that “the photographs and recordings made on 30 October 2023 are the authorship and intellectual property of Oleksandar Lischynsky”. Furthermore ”he had the absolute right to distribute, sell, give away and publish the aforesaid photographs and recordings, and to transfer the rights to third parties” concludes Professor Jovanovic.

Copies of the Playboy magazine were handed by the defence attorneys to the then chairman of the High Court in Podgorica Mr Boris Savic at the pre-trial hearing (for control and review of the indictment) on 14 May this year. Public prosecutor Ana Kalezic did not turn up at the hearing. The defendants and their attorneys vehemently opposed the allegations in the indictment and asked the High Court chairman to reject the indictment as the deeds described therein do not constitute the criminal offence of human trafficking. The four have been in the pre-trial detention for eight months now.

Although it’s been more than five weeks since the hearing, the High Court remains silent and without decision. The law allows up to 15 days for indictment confirmation (whereby it enters into force), rejection or return to prosecutor for corrections. Without taking sides, it is a high time to treat this case in a professional manner and dispel all doubts that may arise from the heretofore proceedings. 
Jovo MARTINOVIĆ

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IN ENGLISH

MONTENEGRO DENIES REFUGE TO LUKASHENKO CRITIC: Montenegrin Ministry of Interior claims that Belarus is a Democracy

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Based on the Ministry of Interior’s decision signed by Radovan Popovic, deputy minister and head of the Directorate for Administrative Affairs, Citizenship and Foreigners, it appears that Belarus is a democratic country where life is safe and full of opportunities. Popovic in his decision UP I-132/23-6651/3 dated 5 June 2024, has rejected the request for international protection filed by V.I (citizen of Belarus) because “there is no justified fear of persecution” in his home country

 

 

The High Court in Belgrade recently ruled again that Andrei Gnyot, a Belarusian film director, journalist and opposition activist, should be extradited to the totalitarian regime in Minsk based on the Interpol warrant issued by Belarus. He was arrested at the Belgrade airport on 30 October last year where he flew from Thailand. He was immediately taken into extradition custody to the Central Prison (CZ) in Belgrade. He left Belarus in June 2021 upon learning that Aleksandar Lukashenko‘s notorious KGB secret service was ready to go after him for his ties to the opposition. Gnyot is formally wanted for tax evasion amounting to around 300 thousand euros. He never received a hearing summon on the tax evasion accusations in the country. He allegedly committed tax evasion between 2012 and 2018 even though the law that regulates the matter was passed only in 2019. Gnyot rejected those accusations as “politically motivated”. He is one of the founders of the Free Association of Sportsmen of Belarus (FASB), which was set up after the rigged presidential elections in the summer of 2020, which caused massive civic protests and subsequent bloody repression by the regime whose closest ally is Putin’s Russia. FASB led an international campaign which resulted in disqualifying Belarus as the World Hockey Championship host. Moreover, the International Olympic Committee (IOC) has suspended the financing of the Belarusian National Olympic Committee (BNOC) chaired by President Lukashenko himself of which the Monitor already wrote about. The dictator took revenge on FASB by declaring it an “extremist organization”. The association’s lawyer, Aleksandar Danilevitch, was sentenced to ten years in prison. Retaliation followed against other members of the association, except Gnyot who managed to escape.

In the first judgment (7 December 2023), the High Court panel decided in favour of Gnyot’s extradition. Shockingly, the panel of judges even made a precedent by refusing to hear Gnyot about the charges against him. In early March of this year, the Court of Appeal overturned the decision and sent it back for a new decision. However, on 13 June, the first instance court pronounced the same verdict. The journalist has already announced he would appeal the decision. The only good news for Gnyot is that his prison detention of seven months was commuted to house arrest and confinement in a 20-square-meter studio apartment in Belgrade. International and local human rights organizations condemned the verdict and called on the authorities of Serbian President Aleksandar Vucic to end the persecution of political opponents of Minsk and Moscow who have sought refuge in Serbia.

When it comes to Montenegro, one would expect a better situation for asylum seekers, especially after the fall of the 30-year autocratic government of Milo Djukanovic and his Democratic Party of Socialists (DPS) whose role models were Vladimir Putin and Lukashenko. However, Belarusian national V.I. (who asked not to have his full name disclosed) thought so. However, the Ministry of Interior (MUP) proved him wrong. Radovan Popovic, the deputy interior minister and head of the Directorate for Administrative Affairs, Citizenship and Foreigners, considers Belarus a democratic country where life is safe and full of opportunities. The MUP decision has no mention of the ongoing war against Ukraine in which Belarus indirectly joined Putin by putting at his disposal its military bases, weapons, logistics and territory which served as a springboard for early drive on Kyiv. Popovic in his decision UP I-132/23-6651/3 dated 5 June 2024, rejects the request for international protection to the Belarusian citizen because “there is no justified fear of persecution” in the home country.

V.I., whose family already lawfully resides in Montenegro and runs a successful private business, requested protection upon his arrival in Montenegro on 27 July 2023 because of a threat that Lukashenko’s authorities would imprison him for political activism. Namely, after the disputed presidential elections in the summer of 2020, large protests broke out in the country. The wife of V.I. participated while he stayed aside fearing for the wellbeing of his private construction company. However, when the authorities began to violently break up the protests, V.I “couldn’t stay on the side-lines”. In August 2020 he “recorded a 20-minute video post on YouTube” in which he “publicly announced his position… and supported those who are fighting for free Belarus” and “victory of democracy”. He said that “Lukashenko suppressed the protests by shedding blood” and that “the people should reciprocate in the same way”. After a while, in the spring of 2023, his YouTube post was noticed by the authorities and then V.I.’s problems began. Tax inspections and state controls of his company became frequent for no other apparent reason. Moreover, the bank with which he cooperated for over 10 years suddenly denied him access to loans without explanation. After that, a friend in the KGB told him that the secret service found out about his YouTube video and that the problems with the company were not accidental. In July 2023, he received a phone call from the state security which asked him to come to the premises of the KGB. When asked why, he was told that he would find out upon arrival. He immediately bought a ticket to Istanbul and fled to Montenegro via Turkey, leaving his mobile phone with a SIM card in Minsk in case state security tracked his movements through mobile network towers. Later, he learned from a neighbour in Minsk that Lukashenko’s police came to his house to look for him. Then the police contacted his wife and asked about his whereabouts. She replied that they were not together and that he had left for Russia. V.I. is convinced that if he were to return to Belarus “he would find himself in prison” seeing how the authorities treat other entrepreneurs who expressed their views. The available reports of international organisations and western governments (UN, State Department, EU, HRW, Amnesty Int. etc.) contain many well documented cases of torture in Lukashenko’s prisons. The regime’s common practice is to charge dissenters with treason or rather with bribery/corruption so to be more convincing to the public, both domestic and foreign. Detainees are then forced to “confess their crimes” in front of cameras, as was the case of Roman Protasevitch, a journalist and an opposition activist. He “publicly repented” in front of Lukashenko’s television cameras after he was kidnapped from a Ryanair plane. Namely, Protasevich was on the Athens-Vilnius 4978 flight which he was diverted on 23 May 2021 by the Belarusian authorities under the pretext that a bomb had been placed on the plane. Escorted by a MIG-29 interceptor, the plane was forced to emergency landing in Minsk. The journalist and his Russian girlfriend were snatched away and arrested whereas no reported bomb was found on the plane.

However, all these examples of Protasevitch, Gnyot and over 1,400 political prisoners in Lukashenko’s fiefdom were not convincing enough to Popovic, a close associate of the Interior Minister Danilo Saranovic (a high official of the Democrats of Montenegro) since they “do not meet the requirements of Article 3” of the Asylum Law. Neither the fear of V.I. of what might happen to him if he returns home “prevailed enough” to grant him international protection because “there was no element of persecution”. He is also reproached for not seeking asylum in the first transit country, Turkey, which received 3.5 million refugees from Syria, probably on purpose, overlooking that the applicant’s family already lived in Montenegro with a lawful residence and a successful family business. He wouldn’t be a financial liability to the state if he were allowed to stay with his family in the country of refuge.

Popovic claims in the decision he signed, that in accordance with the Geneva Convention and the Directive on Asylum Procedures, “a country is considered safe when, within the framework of its democratic system, there is generally and permanently no persecution, no torture or inhumane treatment…threats of violence”. Nonetheless “even though, to a certain extent, there are violations of human rights in Belarus”, the MUP finds out that V.I. “can return unhindered to the country of origin, and that his life, freedom and security would not be endangered by his return”. Popovic further elaborates that Belarus is an “industrially developed country” and that its main trade partner is Russia, stressing that natural gas largely transits from Russia to the EU (through Belarus). Popovic praises the construction of the Nord Stream 2 pipeline… from Russia to Germany under the Baltic Sea which was completed in 2021 and “is a factor that has a direct impact on the Belarusian economy”. Popovic apparently forgets that Nord Stream 2 has been closed and partly blown up after the beginning of invasion of Ukraine. He doesn’t bother to explain what the gas pipeline has to do with fate of V.I. if he would return home. Popovic also praises Belarus for receiving 2,915 refugees under the mandate of the UNHCR, 143 asylum seekers and over 6 thousand stateless persons. It highlights the successes of the Lukashenko regime in the fight against human trafficking and commends Belarus for being one of the 152 countries that voted for the adoption of the Global Security Agreement. Therefore “in accordance with the above, this institution has concluded that the conditions set forth to constitute persecution in the sense of Article 1A of the Geneva Convention have not been met”. Furthermore, the statement of V.I. makes it “clear that he did not experience persecution given that his allegations are not that egregious” to constitute a serious violation of human rights. It appears that it would be better for V.I. that he first experienced torture in prison as that might convince Popovic (who is also a lecturer at the Police Academy in Danilovgrad) that he was is in danger.

The leader of the Belarusian opposition Sviatlana Tsikhanouskaya, has been informed about the Montenegrin MUP’s reasoning and denial of asylum. She herself had to flee the country after the Minsk regime refused to recognize her victory in the presidential elections in 2020. Her husband was already in prison before the elections. She was sentenced in absentia to 15 years in prison by Lukashenko’s court. Many democratic governments recognize her as the country’s legitimate leader. Her staff told the Monitor that the opposition in exile had proposed to President Jakov Milatovic and Prime Minister Milojko Spajic to meet with Tsikhanouskaya several times after she had previously met with the governments of Greece and Albania. No response ever came from Montenegro.

Fortunately for V.I. he can appeal Radovan Popovic’s decision before the Administrative Court of Montenegro. V.I. still hopes that he will not have to face the democracy and justice of Lukashenko’s government.

Jovo MARTINOVIĆ

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