ALBANIAN AMERICAN NATIONAL COUNCIL

                                                 51424 Van Dyke Avenue, Shelby Township, MI 48316

                                           Phone: (586) 709-0694 Fax: (586) 254-8751
                                              Email: GjokMartini@yahoo.com

April 10, 2008
United States Embassy in Podgorica
The Honorable Roderick Moore
Ambassador
Ljubljanska bb
81000 Podgorica
Montenegro

Re: American Albanian Accused Prisoners

Dear Honorable Ambassador Moore:

My office continues to monitor the above mentioned trial. I am writing this letter to reiterate my deepest concerns regarding the pending Montenegrin trial of United States Citizens. I am in receipt of a letter authored by three senior members of U.S. Congress that have attached a revealing document purportedly containing a statement made by the Montenegrin trial prosecutor, Stojanka Radovic, who apparently admitted she was a participant in the torture, molestation and inhumane treatment of the accused in this case. (See attached Congressional Letter and Translated Statement of Prosecutor Stojanka Radovic). Does prosecutor Stojanka Radovic have immunity to criminal conduct?

The Albanian American National Council firmly believes the trial process is tainted by the illegal conduct of the Montenegrin prosecutor and police; and I sincerely hope the Embassy will bring this matter to the attention of the proper European and Montenegrin authorities.

My legal experts have also brought to my attention some disturbing information that the composition of the trial court, in this matter, is in direct violation of the Montenegrin criminal procedure code, Article 24, which requires five judges to hear matters having a potential punishment of 15 years imprisonment or more. It does not appear the accused in this matter are being afforded “Equal protection of law” in direct violation of the international legal standards and the Montenegrin Constitution which provides: 

Article 17 - PROTECTION

Everyone is entitled to an equal protection of his freedoms and rights in the procedure prescribed by law.

            In criminal cases, Montenegro’s Constitution clearly requires that the accused must be treated in the same way and afforded the same protection as any other accused e.g. five judges rather than the current composition of three judges. Needless to say, the unequal treatment is apparent since it is more difficult to convince five judges of a particular position than three judges. Thus, an accused with five (5) judges would receive greater protection than an accused with three (3) judges.

Montenegro’s criminal procedure code also requires conflicts in the code such as five judges versus three judges to be resolved in manner that is the most favorable to the accused. Article 3 (3) provides:

“A suspicion with respect to the existence of facts composing characteristics of a criminal offence or on which depends an application of certain provisions of criminal legislation shall be decided by the Court verdict and in a manner that is the most favorable for the accused.”

            It would appear that any trial court verdict will be invalid because the composition of the court does not conform to the express requirements of the Montenegrin criminal procedure code, especially where the Montenegrin Constitution requires equal treatment and protection of the accused.  

            My office would very much appreciate your investigation and insight in this matter. Perhaps the Montenegrin lawyers that are representing the accused in the case can help clarify this serious matter. I remain,

Very truly yours,

Gjok Martini

Enc: Letter sent to the Embassy of Montenegro in Washington, DC by Congressmen Knollenberg, Engel and Rohrabacher and certified translation of comments made by Prosecutor Stojanka Radovic regarding the treatment of the United States Citizens.

CC: Amnesty International, Anita Brkanic