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Unresolved Murder Raises Fears of Mob Rule in Montenegro

18 01 2007  Collapse of case against only man charged with editor's murder poses more questions than it answers.

By Petar Komnenic in Podgorica (Balkan Insight, 18 Jan 07)

The acquittal of the only person yet charged over the murder of a prominent newspaper editor in Montenegro has raised serious concern over the new state's ability to tackle organised crime.

Deputies from five opposition parties last week called for an extraordinary session of parliament on January 30 to discuss the failure to resolve the murder of Dusko Jovanovic. At the session, they intend to formally call for the resignation of senior figures in the prosecution, the judiciary and the police. A resolution agreed by the five parties says that "the entire state mechanism that is in charge of fighting crime has failed in the case of the former deputy and editor of Dan".

The ruling Democratic Party has, meanwhile, accused the opposition of "obstructing justice with its cheap political promotion".

Dusko Jovanovic, editor of the opposition Podgorica daily Dan, and a deputy in parliament for the opposition Socialist People's Party, SNP, was shot dead on the night of May 27-28, 2004 in front of his office.

On December 27, the trial chamber of the Higher Court in Podgorica under judge Radovan Mandic, cleared Damir Mandic, a karate expert, after a trial lasting two-and-a-half years.

In its short explanation, the court stated no conclusive evidence had been presented that would enable it to conclude beyond reasonable doubt that Damir Mandic was an accomplice in the execution; according to eyewitnesses, he was in another place when the murder occurred.

Damir Mandic's defence, Zeljko Jocic, said he was pleased. "I expected such a court ruling," he added, declining to comment further on the case.

The decision of the Podgorica Higher Court, the court of first instance, is not the end of the matter and may be reversed.

State Prosecutor Vesna Medenica announced the day after the acquittal that her office would appeal against the verdict at the Court of Appeals. Medenica expressed dissatisfaction with the ruling, claiming no trial had been presented with "stronger incriminating evidence" than this.

Jovanovic was killed as he was entering his car parked in front of his office by a volley of shots fired from a moving car. Many observers are convinced his death was related to his fierce criticisms of the government and strong support for the now dissolved State Union with Serbia.

The assassination triggered furious reactions from the opposition and the media while international organisations urged the government to clear up the crime.

Jovanovic's family claimed from day one that he was the victim of a politically-motivated assassination.

Soon after the crime, police arrested Damir Mandic and charged him with the murder together with several other unknown persons.

Damir Mandic pleaded not guilty but exercised his right to remain silent during the proceedings against him. In the trial, the prosecution claimed it had presented "irrefutable evidence" of Damir Mandic's guilt.

The fact the murder case has not been solved has infuriated the Jovanovic family, opposition parties, some senior state officials and many legal experts who said the outcome reinforced fears that the justice system in Montenegro was not able to tackle organised crime.


The Podgorica court judgment met with a critical response from Vladan Micunovic, editor of Montenegro's highest-circulation daily, Vijesti, who said it "exposed the naked powerlessness of the state".

"The heart of the matter is not about the fairness of the court's decision or pros and cons about Damir Mandic himself but the fact that the state has again shown it is powerless to crack down on crime and that the Mob is getting stronger," he wrote in an editorial. "Or, perhaps, some people in high places are reluctant to clip its [the mob's] wings."

In a joint statement in parliament, deputies of the opposition Serbian List, the Movement for Changes, the Democratic Serbian Party, the Socialist People's Party and the People's Party voiced a protest over the verdict.

"Either the prosecutors are incompetent ... or the judiciary is corrupt," said the statement, read out by the Serbian People's Party leader, Andrija Mandic.

Ranko Krivokapic, speaker of the Montenegrin parliament and leader of a junior partner in the ruling coalition, the Social Democrats, also said the verdict appalled him.

"Cases like the murder of Dusko Jovanovic constitute a cornerstone of our endeavour to make a big step forward," said Krivokapic. "The state must show its true strength and come to grips with the challenges or go backwards and so augment the threat that crime poses to society."

But he maintained that the country's judiciary would continue the pursuit for justice.

"I believe after the appeal is brought, the decision of the Court of Appeals will hold and pass the test of the profession and, above all, the test of all independent observers - both Montenegrin and international," said Krivokapic.

Stanko Maric, chair of the Montenegrin Law Association, told Balkan Insight he would not comment on the decision directly but did say he was concerned about the lack of coordination between police, prosecutors and courts.

"In serious cases like this there is no room for oversights and irresponsibility," said Maric. "Police inspectors, prosecutors and investigative judge all took their part in drafting the criminal charges against [Damir] Mandic so to have such a judgment in the end is beyond comprehension."

Lawyer Budislav Minic also believes the outcome highlights the inability of Montenegrin institutions to deal with the problem of organised crime.

"Those institutions are simply not up to the task and this is only the first of more disappointments to come," Minic told Balkan Insight. "This state has no capacity to come to grips with organised crime, which has become a serious threat."

The Montenegrin prosecutor's office, meanwhile, still maintains that the evidence collected against Damir Mandic is irrefutable.

They say the crucial item of incriminating evidence was a can of Red Bull, containing Mandic's DNA traces, which was discovered about 50 metres from the site of the car that was used to murder Jovanovic.

However, Mandic's counsel always insisted the can was a plant and embarrassingly for the prosecution, police records said the can was sent for forensic analysis a day before it was reported as found.

The investigation into the murder has been fraught with problems from the start. Police inspectors claimed they built up their case on a confession from Damir Mandic who allegedly identified his accomplices and gave a detailed account of the crime at the first informal interrogation.

But Mandic's defence denied this confession ever took place.

The Jovanovic murder investigation and the long judicial process have failed to shed any real light on the background to the crime. Those who ordered it have never been identified, nor have the motives of the alleged killers been identified to the public.

Lawyer Dragan Prelevic told Balkan Insight that the Podgorica Higher Court's ruling showed at the very least that the links between the police and justice system were dysfunctional.

"This is the clearest signal yet which suggests a syndrome of impunity in Montenegro has assumed such proportions that it may undermine the basic tenets of the rule of law in this country, resulting in it being classified as a failed state," he said.

Many ordinary people feel the same way. "This is a crystal clear message that some people are 'licensed to kill' and need not be concerned about being held to account," said a civil servant from Niksic.

Jasna, a student, agreed. The fact that the Jovanovic case was now back where it started proved the Mob was stronger than the state. "After two years of this farce, the murderers have not been found and now the only man charged with this murder has been set free," she said. "Either it was a sham from the outset or the police and judicial organs are totally incompetent."

Petar Komnenic works on the Montenegro weekly Monitor. Balkan Insight is BIRN's online publication.