There are different interpretations of the news from the beginning of the month: by order Public Prosecutor's Office for Organized Crime eleven people were arrested "in connection with the fall of the canopy" at the railway station in Novi Sad, of the tragedy that happened nine and a half months ago and which was the reason for the multidimensional and long-term rebellion of the citizens of Serbia, which was led by students and has no end in sight. Among those arrested is one big name: Tomislav Momirović, former Minister of Construction, Transport and Infrastructure, from 2020 to 2022 (he was then Minister of Internal and Foreign Trade in the Government of Miloš Vučević).
An even bigger name, his successor in the infrastructure ministerial position, Goran Vesić, should have been stuck in the backlog. However, he is stuck in the hospital. Some claim that with his cheerful spirit, Vesić only hides internal problems and fragile health, always suitable for hospitalization.
Perhaps it is just a strange coincidence that he was stuck in the hospital just a few hours before he was supposed to be arrested, which again strangely coincides with the fact that back then - in November, when he was first detained by order of the Novi Sad Higher Public Prosecutor's Office, also as a suspect "in connection with the fall of the canopy" - he promptly fell ill and was immediately transferred to the hospital and then discharged home. If he gets better, this time the direction of movement will be reversed - from the hospital he will end up in custody. Because the Special Court in Belgrade ordered detention for up to 11 days for all of them (30+Vesić).
Vesić is ill in a private hospital, because - as things stand - he does not have too much trust in the state health system. I guess private health care will lead to a faster improvement of the health bulletin. By the way, colleague Momirović and the others were placed in the detention unit of the District Prison in Belgrade - popularly known as CZ (Central Prison).
AUGUST VS.. NOVEMBER ARREST
For the most part, the August arrest caused more surprise than last year's November arrest, when Vesić and the others were detained for crimes against general security, "in connection with the fall of the canopy." At that time, they were all detained, but then they won the right to defend themselves from freedom. In a very unusual order: the main defendants were released first, and then, many months later, the others. But we will not be distracted by this topic now, although it is clear that this could not have happened without political pressure.
Why are ordinary citizens and people who at least to some extent follow the work of the judiciary and the political framework in which it operates - more "surprised" this time?
First, because of the criminal offense for which the suspects are detained. It is corruption on a rather large scale (the state was damaged by 115 million dollars), in which high political officials are involved. It is a "wasp's nest" that has not been touched until now, even in madness. The public prosecutor's office for organized crime (nor anyone else) has not dealt with such matters until now, among other things, because any investigation into corruption and organized crime at the top of the government would very easily unravel the overall nature of the kleptocratic and arrogant regime, which has long since ceased to deal with hiding traces of dishonesty. This implies that everyone at the top of the government has a lot of money on their heads, but also that they can be very inconvenient witnesses - pointing out the corrupt actions of their colleagues, all the way to the top of the state. What the common people would say, everyone holds everyone by the scrotum. All of them have been nominated as cooperating witnesses in cases involving $115 million - just tips.
In addition, people were surprised because it seemed that the government had firmly decided that no one, especially not high-ranking officials, would be held accountable for anything related to the tragedy in Novi Sad. And that the war he is waging against the judiciary, from the president's statements to tabloid attacks, is yielding results, so that fear has once again crept into the bones of prosecutors and judges. In the end, nine months have passed since the tragedy, and no one has been charged for it yet.
TWO VERSIONS OF THE EVENT
Well, two interpretations of the facts are dominant, practically two extremes. Some claim that all this is just a theatrical performance for the public, directed by the regime. That they want to show the citizens that the institutions of the system still work, that the civil rebellion calms down a bit, that the Western allies are shown that the judiciary is not exactly under the full control of Vučić and his crew. That interpretation implies that nothing will come of the procedure itself, that Vesić, Momirović and others will eventually be acquitted and compensated. That they play a slightly unpleasant role in the play, but that all of that will be returned to them in sums with numerous zeros.
Our interlocutor, Novi Sad lawyer Vladimir Beljanski, says that this version of events is not realistic, primarily because the government is (no longer) able to organize such a thing.
"They are not so clever and precocious as to mislead us all into thinking that they are doing something without actually doing anything," he says. We should also not forget that acting prosecutors and judges came under fierce fire from the regime's pit bull media, including the president himself, who openly calls them criminals. Tabloids know that they play various roles as needed and ordered, but it seems that this is not acting. That something big is behind the hill.
The second interpretation is very optimistic. The institutions of the system finally began to function. The judiciary raised its head and decided to restore order in the country, perhaps with the support of the West. The sleeping prosecutor Zagorka Dolovac was woken up with a kiss by the prince of law and justice - and she pounded her fist on the table. "Let the Vučić brothers get ready," wrote optimists on social networks.
But, as it happens, the matter is not simple. The judicial system is a complex system, in which various lines collide and intertwine. It is very susceptible to the pressures of the authorities, and even to corruption, but it is not immune either to the pressures of the citizens, or to - why not say it - the "inputs" of the international community. They feel very well that things have changed in society. Many also suffer from the pressure of the profession, they would like to work according to the law, because - if nothing else - it is the simplest way. And you sleep better.
WAR IN THE PROSECUTOR'S OFFICE
That something serious is happening within the judicial system, that there are "misunderstandings" between the prosecutor's offices, that things are not simple and coherent - shows the war for jurisdiction over the cases dealing with the Novi Sad tragedy. Let us remind you that there are (were) three prosecution offices in the game: the Novi Sad Higher Public Prosecutor's Office, the Special Department for Combating Corruption of the Belgrade Higher Public Prosecutor's Office and the Public Prosecutor's Office for Organized Crime (TOK). Now, if the people of Novi Sad are dealing with the immediate causes of the tragedy, and TOK is in charge of the financial and corrupt part of the story, it was logical to ask what role the Belgrade High Public Prosecutor's Office should have played in all this, that is, what it did in the whole story. Those familiar with the situation say that the answer is simple: he is led by Vučić's proven staff, Nenad Stefanović. It actually wanted to take over the case and lead it in such a way that none of the progressive officials would bear any responsibility.
However, it was prevented from doing so. The Supreme Public Prosecutor took away the case from Stefanović and assigned it to TOK. Reasoning: it will manage the case more effectively. Allegedly, at that time, and it was in March, Vučić was really annoyed. He decided to start a war against Zagorka Dolovac, the supreme public prosecutor, and to appoint Stefanović in her place. At least that's what the judicial bazaar says.
Things suddenly become Hollywood. In TOK, the "Unbreakable", so-called, are founded. The strike group, which is starting to work on elucidating the total financial flows of the reconstruction of the Belgrade-Subotica railway. The results of the group's work are the August "packages", and they announce that there will be more. We will see how the movie ends.
ROLE OF THE EUROPEAN PROSECUTOR'S OFFICE
Another factor should not be overlooked. The European Prosecutor's Office got involved in the whole story right then and there, in mid-March. It launched an investigation into the possible misuse of money from EU funds intended for the reconstruction of the Railway Station in Novi Sad. Some say that it submitted evidence to the TOK.
"I don't know if that happened, but I wouldn't be surprised if evidentiary material arrived from European institutions, primarily from the European Prosecutor's Office, which TOK decided not to ignore. If that material arrived, then it is also a message from European institutions that something is expected to be done about it. Maybe even a message that prosecutors will have some kind of political protection, although I don't know what that political protection might look like in a country that is not a member of the EU," says Beljanski.
Beljanski believes that these arrests are far from a "theatrical performance" and adds: the conflict between the office bearers in the prosecutor's office is evident and that is an important part of the story.
"It is obvious that on one side are the Supreme Prosecutor's Office headed by Zagorka Dolovac, the Novi Sad Prosecutor's Office and the Public Prosecutor's Office for Organized Crime headed by Mladen Nenadić, and on the other the Belgrade Higher Public Prosecutor's Office, headed by a man fully trusted by Vučić and the top authorities, Nenad Stefanović. Stefanović obviously wanted to introduce the case to a course that would exclude the highest state officials. He was prevented from doing so. If it is not a show, the media campaign that is leads against the holders of judicial functions involved in the process", says Beljanski.
photo: n1WAKE UP WHEN NO ONE EXPECTED: Special Prosecutor of the Public Prosecution for Organized Crime Mladen Nenadić...
THE TRUTH HALFWAY
Belgrade lawyer Jovan Rajić says that the truth is halfway. He doesn't believe that Mladen Nenadić woke up one day and suddenly decided to do his job, after ten years of hibernation of his prosecutor's office, but he also doesn't believe that Vučić judged that this is a good moment to perform another one of his plays and to arrest people whom he thought he had "taken off the hook". And who, as he says, know a lot about him and have a lot of material.
"In ten years, Nenadić has not carried out a single case of high corruption that reaches even the third echelon of the SNS mafia. Therefore, speaking about him as a beacon and bastion of judicial independence is as frivolous as it is illusory. On the other hand, the fact that this is not a play directed by Vučić shows the behavior of his media, which has been campaigning against TOK for months and who knew what was coming. Secondly, Vučić sent his personal lawyer Palibrko to defend Momirović and he takes care that he does not tell the prosecution anything he shouldn't", says Rajić.
According to Rajić, the most realistic scenario is that Nenadić and Zagorka Dolovac were signaled "somewhere from the outside" that they must no longer ignore the massive sky-correspondence and evidentiary materials that have been gathering dust in the special prosecutor's office for years.
"Also, they were given some kind of guarantee, to the extent possible, so that when the period of accountability comes, they could be spared and labeled as someone who at a crucial moment helped the Serbian judiciary stand on its feet. Of course, there are no positive characters in this story and that everyone violated the law, some by active action, and some by inaction," Rajić believes.
Photo: Miloš Milivojević / Tanjug...and Republic Public Prosecutor Zagorka Dolovac
VUCIC-DOLOVAC-STEFANOVIC
When asked if it is possible for Zagorka Dolovac, who was synonymous with hibernating institutions all these years, to suddenly become a key fighter against corruption and lawlessness, Beljanski says:
"I would say that it is never too late for someone to show that they have the strength for independence. Of course, this does not mean that we should forget everything that happened before, to say that we were mistaken when we expressed dissatisfaction with the work of the prosecutor's office. No, we were right, there was no activity, it was not doing its job. It is a completely different question why - was there not enough courage, readiness or ability, to what extent was there a problem in cooperation with the police? I think that, despite everything, we should now provide support to the prosecutor's office, which started doing its job and initiated such a large and important case", says Beljanski.
Beljanski also says that the atmosphere in the judiciary has changed significantly in recent months. The attacks of the regime have produced a counter-effect, more and more people are ready to resist the pressure.
"One thing in particular has revolted people in the judiciary, judges and prosecutors. And that is presidential pardons. In a certain way, these pardons are connected to current events. When the president of the Republic starts dealing with such things, that he enters the domain of the courts without notice, it causes anger, much more than the usual methods of pressure. And those usual methods are: when someone asks you to do something through, for example, the president of the court, with the addition - 'we know you will do it properly'. Someone succumbs pressure, some don't. But these latest pardons (I don't mean the pardons of protesters, because they are completely justified in 90 percent of cases) are a drastic intrusion into the judiciary, and in cases where it is inadmissible. Neither ordinary people nor judges can accept that the four who chased the students around the city with baseball bats, breaking her jaw in three places four two are earlier convicted, one for a criminal offense with elements of violence, the other in connection with drugs. The perpetrators were recognized by witnesses in court. There is, for the most part, not a single reason for a pardon, except that they are members or sympathizers of the Serbian Progressive Party. It could not remain without consequences in the judiciary", says Beljanski.
According to Beljanski, Vučić stuck his finger in the eye of the judiciary and many who have been silent until now are now boiling over. "Besides, when someone loses the power they had, then they also lose many who listened to them until now. I think that's what's happening now," he adds.
STEFANOVIĆ INSTEAD OF ZAGORKA
Rajić says that Aleksandar Vučić will do everything to replace Zagorka Dolovac with Nenad Stefanović, who is the ideal candidate for him.
"As in any relationship that lasts for many years, the relationship between Zagorka Dolovac and Aleksandar Vučić had ups and downs. Dolovac is one of the most responsible, if not the most responsible person for our society being in the state it is in at the moment. In every country, you have corrupt criminals at the top of the government and their desire to enrich themselves through politics. The seriousness of a country is determined by how the prosecution and the courts deal with such people. For so many years, Dolovac chooses to remain silent on every the inaction of the authorities, which makes her the most responsible for all these crimes. She is not prone to excessive movements and active crimes. In this sense, the fact is that Nenad Stefanović is an ideal candidate for all kinds of abuses of his position and the judiciary. people, to propose their detention, yes he hands down and takes over jurisdiction from other prosecutor's offices... Everything according to the wishes and needs of his master, and unencumbered by the laws, facts and evidence he has", says Rajić.
Rajić says that Stefanović currently has the best chance to take over the main position in the Serbian judiciary. "That would certainly be the case if Vučić were to ask himself. But is that so?", he wonders.
When asked whether the judiciary, if it really starts doing its job in accordance with the law, can really defeat state crime, Rajić answers in the negative.
"Because the judiciary as an institution does not exist in Serbia. The judiciary implies a clear hierarchy and responsibility. The principle of subordination. It is known how prosecutors and judges are elected, how progress is made, how cases are delegated. There are dozens and hundreds of other principles on which this institution rests. None of that exists in Serbia, and it is very likely that it never existed. That is the country and the people we are. The need for democracy and independent institutions is not a priority for a sufficient number of people, and that is why we elect those who also have it. It doesn't matter. And that's the sad truth. Individuals fight and do not agree to conditions, but of course they are not in leadership positions in the judiciary, because suitable managers have been carefully chosen in all previous years, in order to fulfill the orders of the executive power," he says.
For him, the diagnosis of our judiciary is similar to the one that Zoran Đinđić once gave when he spoke about Serbian society: about a patient who has a nice doctor who tells him that he will solve his health problem by drinking tea or antibiotics, not a surgeon who says that he has to operate.
"Well, the Serbian judiciary will not be cured by drinking tea, I'm sure of that. We need a 'Saber' in the judiciary, and that will only happen after the fall of this criminal regime. It is of crucial importance that it happens immediately after their fall, so that an independent judiciary can determine their responsibility," says Rajić.
ONE MUST FIGHT FOR INDEPENDENCE
Beljanski believes that there is hope and that it is very good news that the judiciary has entered this battle, since it has always retreated until now. It seemed that he did not need the independence of the courts and the independence of the prosecutor's office.
"They dealt with petty cases, and bypassed everything that was related to politics. I said a thousand times: there is no independence if someone does not fight for it. If you notice that your independence and rights are threatened, then fight for them! Just like the citizens of Serbia today are fighting for the right to live in a normal state. Now it seems to me that people from the judiciary have finally understood that. And that they no longer want, at least many of them, to commit illegalities and things incompatible with judicial functions. And they are starting to show It's just a question of whether they will have the courage to demonstrate it to the end. It seems to me that this does not create a greater dose of fear. They say that this colleague has made a good, legal decision. He continues to do his job to the judiciary, to be people who showed the most courage and knowledge in difficult moments", says Beljanski.
