Supreme State Prosecutor Ivica Stankovic said that when it came to DF case, he was lead exclusively by legal reason. He is aware that there were set-up from different addresses, adding that he has never made a political decision during his legal career, MINA Agency reports.
On February 15th, after the request from Special State Prosecutor to approve criminal procedure and remand for Andrija Mandic and Milan Knezevic, Stankovic gave a mandatory direction to abstain from remand.
Supreme State Prosecutor added that Special Prosecution included in their request a plea to suggest remand.
„When making this decision, I was lead exclusively by legal reasons and I stand fully behind it”, Stankovic said in an interview for MINA Agency.
When asked whether that decision could be changed if the investigation demands it, he said that no one is protected from the law.
Stankovic said that he believed mandatory direction was clear enough, but after different interpretations in the public, he felt a need to clarify. He believed that in this particular case there was no need for remand as an extreme measure to ensure presence.
Law on criminal procedure (Article 175) stipulates what are the reasons for remand – if the individual is hiding or their identity cannot be proven or there are other flight risks, if there is danger that they would destroy, hide or falsify the evidence or disrupt the procedure by influencing witnesses, conspirators, or if there are circumstances that point they would repeat the crime or continue the actions or commit another crime.
„Those are the reasons to suggest remand. By my estimate, there were no conditions in this case to believe this would happen, so I used a legal normative to give the mandatory direction so that the inadequate measure of remand would be avoided”, Stankovic added.
Stankovic said that as a supreme state prosecutor, a judge, a legalman, he has never once made a politically motivated decision.
„I am aware of the set-ups from different addresses that are trying to frame my decision into a wrong context and present it as a consequence of different influences. Everyone has different motives for that”, he said.
„I do not want to investigate the motives of anyone, but I must notice that they do not choose their tools nor do they respect professional ethic codes. For those who do not yet understand – while I am Supreme State Prosecutor of Montenegro, no one will be able to force a decision on me”, he added.
He said that he has always made decisions based on the law and that he will continue to do so in the future.
„Any other interpretations could be seen as an attempt to discredit State Prosecution. Not only me, Ivica Stankovic, but supreme state prosecutor as an institution”, he said.
Stankovic gave the mandatory direction that read that according to Constitution, Law on criminal procedure and international standards, remand can be used only when necessary and as an extreme measure.
„This does not mean that my decision is an attack to Special State Prosecutor or Prosecutor Katinic. That is a wrong interpretation of mandatory direction”, he said.
He commented on irresponsible behavior of part of the public and offenses aimed at Special State Prosecutor.
„Our work is subject to critique, but offenses and threats cannot happen, and consequences must be paid”, he said.
Stankovic said that in the case of creating criminal organization and attempted terrorist attack, the public already knows too many details and information.
He said that in the case of Mihailo Cadjenovic, Special State Prosecution asked for remand even earlier.
„The decision was made by a court with authority that found that the request had legal conditions to warrant remand”, he said.
