Montenegro did not show sufficient results in the fight against corruption because during the year there were no verdicts for corruption at a high level, according to the working document of the European Commission on the situation in chapters 23 and 24 for Montenegro.
The report warns, among other things, that there are not enough results in the investigations of attacks on journalists and the policy of prevention of drug and human trafficking. The European Commission also believes that the permanent confiscation of property is an area where the results are not sufficient.
"The initial balance of achieved results in terms of investigations, criminal prosecutions and final verdicts in high-level corruption cases has been established, but now it needs to be further consolidated. By the end of September, new criminal investigations were initiated in eight cases of high-level corruption, which caused damage to the state budget of over 26 million euros. Trials are ongoing in other high-profile cases that were handled last year, but from January to September 2018, there were no new convictions for high-level corruption," the EC working document states.
It is also pointed out that a temporary measure prohibiting the disposal of property was imposed in one case, as well as that the procedure for the permanent confiscation of the property of the former president of the SCG state union Svetozar Marović, who was convicted of high-level corruption, is before the court.
"Despite the fact that he was convicted in 2016, he has not yet started serving his prison sentence. New financial investigations have been launched into three high-level corruption cases, which are in the criminal investigation phase. Montenegrin authorities report that financial investigations are now initiated at earlier stages of criminal investigations than before, but that they are still not systematically initiated in all cases of corruption," the document states.
The EC believes that the fight against organized crime gives better results than in previous years. This is partly due to strengthened police cooperation with EU member states. It is recalled that the police participated in high-profile international operations, which led to the arrest of members of criminal groups and very significant seizures of narcotic drugs. However, it warns that fighting between organized crime groups, including murders linked to clans, continued in the first half of the year.
"Five members of organized criminal groups were arrested, including the leader of one of the most important gangs. From October 2017 to August 2018, 182 people were prosecuted for organized crime. 15 serious and violent crimes were prevented," the report says.
It is also stated that there is concern about the general state of media freedom and reminds that the drafting of the Law on the Media and the Law on the National Public Broadcaster RTCG is underway. The EC also believes that the amendments to the Law on State Symbols have opened a discussion on the conditions suitable for the effective exercise of freedom of expression. It is also recalled that in the first half of the year, four attacks on journalists were reported, the heaviest of which was on investigative journalist Olivera Lakić "whose perpetrators remain unidentified".
"The ad hoc Commission for monitoring the actions of competent authorities in investigations of cases of threats and violence against journalists recently gained access to documents with unredacted names. Her difficulties in obtaining timely and complete information from the competent authorities continue. "There is still a lack of progress in solving both recent and older cases in terms of identifying the physical perpetrators and those who ordered the attacks, as well as shortcomings and delays that have hindered investigations," the report points out.
The EC called for ensuring the editorial independence and professional standards of RTCG, stressing that the Council of RTCG should be protected from inappropriate influence and political pressure. Recalling the Government's decision to implement the Economic Citizenship Program, the report warns that Montenegro, as a candidate country for EU membership, should refrain from any measure that could jeopardize the achievement of the Union's goals. It is also warned that Montenegro has still not appointed a national coordinator for the fight against terrorism.
Veljović: There will be more actions against organized crime
Commenting on the report, the director of the Police Directorate, Veselin Veljović, said that the state is stronger than all forms of crime and that a strong response to criminal activities will be confirmed by concrete actions and measurable results. Veljović told the MINA agency that Montenegro is establishing quality mechanisms for the fight against organized crime, that it has adopted quality legal solutions, established professional institutions whose jurisdiction is the fight against this phenomenon and has provided visible and concrete results in that area.
"The Montenegrin police are determined and efficient in the fight against organized crime, which is confirmed by the latest evaluations from our European partners," Veljović said.
He pointed out that the fight against organized crime is a priority for the police, and the goal is to bring everyone in the chain of criminal structures to justice.
"That's why the police, in coordination with the prosecutor's office, will work even harder and more intensively to suppress all forms of crime," said Veljović.
And still without prosecuting war crimes
The working document of the EC warns that since 2016, not a single war crimes case has been opened, while four cases are currently in the investigation phase. It is also recalled that in one case, court proceedings were initiated against a person who was accused in February 2017 of crimes against the civilian population, and six hearings have been held so far.
"In all cases that are in the reconnaissance phase, the SDT had to rely on requests to the residual mechanism of the UN for International Criminal Courts (MICT) and on requests for international legal assistance to the prosecutor's offices of neighboring countries. A more proactive approach is needed for effective investigation, prosecution, trial and punishment of war crimes in accordance with international standards and prioritization of such cases. By the end of 2017, all decisions on compensation claims became final", it is emphasized.
Conditions in prisons are bad, migrants are increasing
It also warns of delays in investigating cases of violence by police officers, as well as in cases of violence in prisons. It is also stated that the conditions in the prisons are generally bad, despite the "minor arrangement of the facilities". "The same applies to medical support and the working conditions of the staff, 30 of whom were employed last year. Challenges still remain in the field of rehabilitation and resocialization.
It is expected that by the end of 2018, amendments to the Law on the Execution of Conditional Sentences and Sentences of Work in the Public Interest and the Law on the Execution of Imprisonment, Fines and Security Measures will be adopted," the EC states.
Reminding that Montenegro is on the "coastal route", the EC points out that since the beginning of the year, the number of migrants has increased by 415 percent compared to last year. It is also warned that there is a problem with Albania in implementing the readmission agreement.
"Despite the fact that irregular migrants enter Montenegro mainly through the Albanian-Montenegrin border, Montenegro reports that the rate of acceptance of readmission requests is very low. This creates an additional challenge for the reception capacities of Montenegro," the report says.
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