The CCE reminds that during the NATO bombing of the Federal Republic of Yugoslavia in 1999, around 100,000 refugees from the then Autonomous Province of Kosovo entered Montenegro seeking refuge from the war. Although most crossed the border safely, in several cases the Yugoslav Army fired on columns of refugees in the Podgorica Corps' area of responsibility, resulting in civilian casualties. According to the indictment, on April 18, 1999, six people were killed and five wounded, while from April 18 to May 21, 1999, another 11 people were killed in several locations. Statements by the representatives of the injured parties indicate that the total number of deaths was 21. All victims were of Albanian nationality, and among them were minors, women and the elderly. The entire case is named after the village of Kaluđerski laz, where the most serious incident occurred, although not all of the murders were committed at that location.
The “Monk's Lie” trial began with the filing of an indictment on July 30, 2008 against eight members of the Yugoslav Army (reservists of the unit and the commander), and ended with the verdict of the Court of Appeal on December 8, 2014. After seven years of proceedings and the dismissal of part of the indictment, all the accused were acquitted.
"The Montenegrin judiciary has an obligation to seriously review this case, especially considering that the investigation was slow, inefficient and lacking the necessary determination. During and after the proceedings, numerous questions remained open, including different data on the number of victims and the time of the murders, as well as allegations of irregularities in the handling of evidence, which further calls into question the judicial epilogue so far. It is an indisputable fact that to date no one has been held accountable for the murder of at least 15 civilians, including children, women and the elderly, who were killed while trying to find refuge in Montenegro," Marinović pointed out.
Marinović says that the prosecution must intensify activities that could lead to the filing of new indictments and the identification of those responsible. Although the passage of time makes criminal prosecution more difficult, establishing responsibility for war crimes remains essential. In this context, it is important that the Supreme State Prosecutor's Office took over the "Kaluđerski laz" case and announced the analysis of existing and possibly new evidence, in order to assess the possibilities for further action despite the final conclusion of the proceedings. Progress in this case would be of crucial importance not only for justice for the victims, but also for strengthening trust in institutions and Montenegro's progress under Chapter 23 (Judiciary and Fundamental Rights).
According to the lawyer Velije Murić, who filed a criminal complaint in this case, the victims' families initiated proceedings for compensation of damages before the Basic Court in Podgorica, where the first-instance verdicts were in their favor. Although in one case the Higher Court upheld such a decision, the Supreme Court, upon review, rejected the claims as unfounded and ordered the return of the funds to the state, which further deepened the injustice towards the victims' families.
A worthy commemoration of the place of the massacre and memorialization of the victims are still lacking. The initiative to erect a memorial, launched three years ago by lawyer Velija Murić, envisages a location not far from Kaluđerski laz, on the road to Mount Štedim – the area through which the victims moved. It is expected that the Ministry of Culture will finally approve the erection of the monument, which would preserve the memory of the victims and pay due tribute to the victims.
As part of the edition on the process of dealing with the past in Montenegro, Marinović states that CCE published publication which brings together documentation from the "Kaluđerski laz" case and provides a comprehensive insight into the course and outcomes of the trial for this war crime.
"CCE assesses that concrete progress in the work of the prosecution is of key importance for the families of the victims, but also for the entire society and the improvement of good neighborly relations in the region. Despite the passage of time, establishing responsibility and ensuring justice remain imperative, because only through consistent and impartial action can trust in the Montenegrin judicial system, based on principles, be restored," Marinović concluded in a statement.
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