“The issue of amending of the Criminal Procedure Code is absolutely inseparable from the principles of a fair trial, the protection of fundamental human rights, but at the same time from the imperative of preserving national security and efficiently prosecuting the most serious criminal offenses,” it was concluded at today’s conference organized by the Civic Alliance, titled Extended Detention: Mutual Accusations Without Adequate Solutions.
The conference presented an analysis with the same title, which was developed by the Civic Alliance, which deals with the proposed amendments to the Criminal Procedure Code (CPC), with a special focus on extending the maximum duration of detention from the filing of the first-instance indictment to the issuance of the first-instance verdict.
Panelists at the conference were Valentina Pavličić, President of the Supreme Court of Montenegro, Milorad Marković, Supreme State Prosecutor, and Bojan Božović, Minister of Justice of Montenegro.
Speaking about the efficiency of courts in Montenegro, Valentina Pavličić, President of the Supreme Court, stated that the number of cases in the Special Department increased yearly while the number of judges decreased. She said: “The judicial system has been neglected for a long time, and this is reflected in the current state we find ourselves in, so we must collectively work to restore the reputation of the judicial system, ensuring it provides legal answers to the problems Montenegro is facing. We are not ready for everything that awaits us, but we have no excuse for that.”
She also called on the legislative and executive branches to do everything within their power to ensure that the judiciary receives everything it deserves — meaning that responsibility can be discussed once it is ensured that the judicial system develops in the way it is represented in Western democracies.
Commenting on the issue of the duration of detention, Pavličić emphasized that the inefficiency of the judicial system should never be a reason for someone to spend so many years in detention.
Discussing the fight against organized crime, Milorad Marković, the Supreme State Prosecutor, emphasized that the fight against organized crime has changed significantly in the last two decades and that the system and laws must be adapted to the modern challenges that organized crime brings with it, but with respect for human rights.
Speaking about cooperation with other state institutions in Montenegro, Marković emphasized the importance of professional and institutional communication, because efficiency and productivity are built at that level.
He also added that when our institutions are strong, then public interest will be reduced because citizens will have more confidence in them.
Commenting on the amendments to the CPC, Bojan Božović, Minister of Justice, said that the new CPC would be written to be a good and permanent solution and a high-quality source of law. He said: “We will have the first meeting of the working group for amending the new CPC in a few days, and it will have seventeen members, which means that the Ministry of Justice will prepare amendments to the existing CPC and the material for the new code.”
“This Code has been overtaken by time, and that is why we are reacting accordingly, and we are pleased to have initiatives about what needs to be improved. Now that the problems are identified, we are open to suggestions and criticism. Each initiative must be open to the public and must go through the European Commission,” said Božović.
When it comes to the proposal for changes to the CPC, which refers to the extension of detention from three to five years, Božović said that the initiative came at a time when new murders were taking place in Montenegro, when we had a session of the National Security Council, with conclusions that correspond to the initiative, but also another important fact that the judiciary was in the acting condition. He also stated: “In the European Union, at least eight countries have much longer, or no, detention time frames.”
The forum was opened by Milan Radović, Program Director of the Civic Alliance, Hanne Meldgaard, Deputy Head of Mission at the Kingdom of Norway’s Embassy, and Dajana Cvjetković, Project Manager for SMART Balkans, whose support made the Civil Alliance conference possible.
According to Hanne Meldgaard, Deputy Head of Mission at the Kingdom of Norway’s Embassy, Montenegro has taken many courageous steps in the past period, and Norway supports its society and the way it develops good solutions through Smart Balkans, focusing on human rights and the rule of law.
Recognizing the complexity of the topic regarding detention in Montenegro, the Civic Alliance, through today’s discussion with experts, is making a significant contribution, Meldgaard noted.
“We are glad to support over 100 organizations in the Western Balkans through this mechanism, but it is you who are doing the work, giving the right solutions,” she concluded.
Dajana Cvjetković, SMART Project Manager, emphasized that it is very important to see an organization that has zero tolerance for human rights violations and an organization that systematically addresses issues, which, in her words, should be a guiding principle for the direction we need to take.
Commenting on the topic addressed by the Civic Alliance at today’s conference, Cvjetković emphasized that prisons are very specific places with a different life culture because it is limited, but people live there, and they should live a life worthy of a human being. That’s why projects like these are important for the results they bring, she stated.
This activity was organized with the support of the regional project SMART Balkan – Civil Society for Connected Western Balkans, implemented by the Center for the Promotion of Civil Society (CPCD), the Center for Research and Policy Making (CRPM), and the Institute for Democracy and Mediation (IDM), financially supported by the Ministry of Foreign Affairs of the Kingdom of Norway.
