There is no break for clan trials

Judges of the Special Division of the High Court will not suspend proceedings in cases, so as not to contribute to the delay of cases in which they are accused of serious and organized crime, Vijesti has learned unofficially.

According to the same information, the judges who act in those cases agree with their colleagues' demands for salary increases, but, in their opinion, they do not have the luxury of going on strike even for an hour.

Earlier yesterday, it was announced that Montenegrin judges, due to the Government's negative attitude towards the judicial branch of government and non-compliance with the obligations assumed under the Law on the Judicial Council and Judges, will occasionally suspend their actions in court proceedings, except for custody proceedings, proceedings against minors and emergency cases, as a sign of warning. of a nature where irreparable damage could occur.

The suspension was announced for November 11 in the period from 11 a.m. to 12 p.m., and if their demands are not respected, the proceedings will be suspended from November 19 to 29.

President of the Bar Association, lawyer Danilo Micovic, told Vijesti that they were informed about the judges' warning, stating that their requests are fully justified because both they and the prosecutors are in an unenviable position, the worst in the history of the judiciary.

"It is completely understandable that they have certain requirements, because they are in an unenviable financial position, but also when it comes to working conditions, then they have a huge number of cases, they are overcrowded. There are 63 judges missing, so the entire burden fell on these judges who remained, and who, in such conditions, cope with it very well, but the question is for how long. I would like to point out that there are only two courtrooms in the High Court in Podgorica, for the number of cases that are heard before the Special Department, plus the regular cases of the High Court, and there is no way that they can function, nor plan time for their work and main hearings, because the judges have to wait each other, which is reflected in the promptness of the work", said the president of the AKCG.

He pointed out that many of the judges have not even solved the housing issue, but also assessed that the judges in Montenegro have never been in a worse position in the history of the judiciary.

"Both materially, as well as in terms of the influx and number of cases, working conditions. They work in small offices, they have no advisors or interns, they are self-centered, there is no one to help them even to write a delivery note. Their warning is completely understandable and justified, and the state should make progress in solving the problem, because, in my opinion, the judiciary is the most important branch of government," said Mićović.

According to the knowledge of Vijesta, the Association of Judges informed the lawyers yesterday about the measures they will take in order to fulfill the request.

In the letter, they also pointed out that they are determined to take precautionary measures, i.e. that on November 11, from 11 a.m. to 12 p.m., all actions in court proceedings will be postponed, except for custody proceedings, proceedings against minors and cases of an urgent nature where irreparable damage could occur. .

They announced the same for the period from November 18 to 29.

"Council sessions will be held in second-instance proceedings, but decisions will not be sent, except in custody proceedings, proceedings against minors and cases of an urgent nature where irreparable damage could occur", it is written in the letter of the Association of Judges with which they introduced the lawyers.

It was explained that during the duration of the warning measures, the judges who implement the measures will be at their place of work and perform other tasks related to their duties throughout their working hours.

"These are initial measures, which will be terminated at the moment when the Government of Montenegro adopts the requests, while otherwise they will be continued or changed in accordance with the decisions of the USCG".

The judges request that the Government respect the obligations from Article 5 of the Law on the Judicial Council and Judges, which stipulates that judges exercise the right to salary, salary compensation, other income and rights related to the exercise of judicial functions in accordance with the law regulating the salaries of holders of judicial function.

They demand that, as a temporary solution, the Government adopt a joint proposal of the Association of Judges and the Judicial Council on amendments to the Law on Salaries of Public Sector Employees on increasing the coefficient for calculating the salaries of judges, and as a permanent solution, to guarantee that they will determine the proposal of the Law by March 31, 3 on the earnings of holders of judicial positions.