Božović will not recommend a pardon for Bratić

Minister of Justice Bojan Božović will not interfere in the work of the Special State Prosecutor’s Office by preparing, at the request of President Jakov Milatović, a proposal for her pardon, that is, exemption from criminal prosecution, „Vijesti“ reports.

- The minister has no intention of recommending to the president that he release someone against whom proceedings have only just begun and for whom no indictment has even been filed yet. That would set a precedent and would represent inappropriate interference of the executive branch in the work of the prosecution, in a case that does not reflect the spirit of the Law on Pardon - a source from the Ministry of Justice familiar with discussions within the ministry about this case told „Vijesti“.

Milatović’s office yesterday requested that the ministry „urgently act in accordance with the law“ by initiating proceedings ex officio and gathering information from other authorities, and then submitting to the president a reasoned proposal for a pardon „so that the president may exercise his constitutional and legal function of decision-making“.

Slavica Bratić publicly appealed the day before yesterday to Milatović „to, in accordance with his rights defined by the Law and the Constitution, release from criminal prosecution“ her „unjustly and abusively detained and imprisoned“ sister.

Vesna Bratić was remanded in custody for up to 30 days the day before yesterday in proceedings before the Special State Prosecutor’s Office, which charges her with abuse of office during the dismissal of directors of kindergartens, primary, and secondary schools in 2021, when she served as Minister of Education, Culture, Science and Sports.

SSPO spokesperson Vukas Radonjić said last night on the program „Načisto“ on TV Vijesti that detention was ordered because there is a risk she could flee to Bosnia and Herzegovina, whose citizenship she holds in addition to Montenegrin citizenship, and there is also suspicion that she could influence witnesses.

Under the Law on Pardon, the president may pardon a person convicted of a criminal offense by partially or fully releasing them from serving a prison sentence and mitigating other legal consequences, but may also release someone from criminal prosecution at any stage of the proceedings, including before a verdict.

In Bratić’s case, this would mean not only her immediate release from custody, but also the termination of any investigation - the same as if she had been finally acquitted before Montenegrin courts.

Sources from the legal profession and the ministry told „Vijesti“ that the last case of pardoning someone who had not yet been convicted occurred in 1997, when then-president Momir Bulatović pardoned Miodrag Daka Davidović.

A ministry source said that exemption from criminal prosecution is provided for by law only in very exceptional cases, which, they claim, is not the case with Vesna Bratić.

- For example, when an abused mother of three kills her violent husband in self-defense, and the president then pardons her for the benefit of the children - the source said.

The ministry is considering two possible negative responses to Milatović, as „the law is imprecise“. The source said one option is for the minister not to initiate proceedings at all, as one interpretation is that the law does not oblige him to do so. If he were to do so, the source claims, the ministry would soon be flooded with such requests „whenever someone is arrested“.

The other option is for Božović to initiate the procedure and send a negative opinion regarding Bratić’s exemption from criminal prosecution, although the minister’s opinion is not binding on the president, the „Vijesti“ source said.

A panel of the High Court is expected to decide today on the appeal filed by Vesna Bratić’s lawyer against the detention order.

Milatović has also joined the wave of protests over the arrest and detention of Vesna Bratić in handcuffs, along with accusations of selectivity by pro-Serbian political parties and certain state officials.

- Respecting the jurisdiction of judicial authorities in the proceedings against Vesna Bratić, it is evident that the manner of her arrest and the ordering of detention of a university professor has strongly resonated with the public, leaving the majority of citizens with the impression of treatment reserved for the gravest forms of crime - Milatović wrote on the social network X on Tuesday, before detention or custody was ordered.

According to Milatović, such a perception raises questions of standards and proportionality, especially given that in other cases individuals accused of significantly more serious criminal offenses were allowed to defend themselves from liberty.

- The rule of law implies equal standards - the determination and strength of the state toward organized crime, corruption, and fugitives, but also a measured, professional, and dignified approach toward those who are available to the institutions. Only consistency, without selectivity, can restore citizens’ trust in the system - he stated.