The High Court has rejected as unfounded the appeal against the decision to extend the custody of Zoran Ćoćo Bećirović and his bodyguard, Ministry of Interior’s officer Mladen Mijatović, who were sentenced (pending final judgment) to one year and ten months in prison for attacking Pobjeda journalist Ana Raičković.
According to Pobjeda, the appeal was submitted by the defense attorneys—Marta Šćepanović and Danilo Mićović—on the grounds of significant violations of criminal procedure rules, breaches of the Criminal Code, erroneous and incomplete factual findings, violations of the Constitution of Montenegro, and Article 5 of the European Convention on Human Rights.
The High Court found the appeals to be without merit.
“The High Court in Podgorica, in a council session, examined the contested decision and considered the points raised in the appeals, along with the entire case file. The court concluded that the first-instance court provided detailed and clear reasoning regarding the decisive facts,” the ruling stated.
The court determined that the first-instance court had correctly assessed that there were special circumstances justifying the extension of custody. Although Zoran Bećirović had not previously been convicted, the court stated this does not preclude the possibility of him committing the offense he is threatening or repeating a criminal offense. Therefore, circumstances related to his character and behavior toward the victim, Raičković, must be taken into account.
“Bećirović’s behavior, for which there is a well-founded suspicion, indicates a degree of recklessness—especially in relation to Raičković and her work as a journalist—as well as the seriousness of the threats made. This suggests a high degree of intent to carry out those threats. All these elements, contrary to the claims in the appeal, represent special circumstances indicating that the accused, if released, might commit the crime he is threatening or repeat the offense,” the ruling continues.
“These circumstances reasonably justify the restriction of the individual’s fundamental human rights in the interest of the public. These restrictions are lawful and proportionate, aligning with international standards and the jurisprudence of the European Court of Human Rights.”
The ruling further stated that the appeal arguments—that Bećirović had no prior convictions, was non-violent, and engaged in serious business ventures and investments in Montenegro and abroad—were irrelevant to the risk assessment.
“Considering all the aforementioned facts and the context of the incident, as well as the threats the accused allegedly made to the victim, the risk of repeating the offense has not passed. On the contrary, the ongoing hostile relationship, which is believed to have led to this situation, still exists—thus continuing the risk of reoffending. The court determined that no other legal measure under Article 163 of the Criminal Procedure Code could achieve the same objective. Therefore, custody remains necessary,” the ruling stated.
Judge Ilija Radulović delivered the verdict on April 24 regarding the attack that occurred on November 10 last year in front of the “Gurman” restaurant in Block Five.
Bećirović’s son, Luka Bećirović, was given a seven-month suspended sentence, while Ljubiša Dukić was acquitted of criminal charges.
“The court gave weight to Ana Raičković’s testimony, which was detailed and clear about the events of the night of the attack. Her account was largely corroborated by a video recording,” Judge Radulović explained.
He emphasized that her testimony was supported by a video she recorded on her phone, in which the accused’s threats could be clearly heard.
The Police Directorate provided Raičković with police protection five months after the attack.
Source: Pobjeda