Inappropriate statements by Prime Minister Milojko Spajić and Minister of Internal Affairs Danilo Saranović contribute to public distrust in the courts and the weakening of the dignity of the judiciary as a whole, the Judicial Council announced.
Spajić previously said that "often the shame of some judges' decisions, when some thugs are set free", while Šaranović said yesterday that "the police arrests for nothing when members of criminal groups are released every day".
"The Judicial Council expresses a strong reaction to the inappropriate statements of politicians regarding the adoption of judicial decisions. The independence of the judiciary and the independence of judges is one of the fundamental principles of the rule of law and the rule of law. The judiciary resolves cases impartially, based on the facts and in accordance with the law, without restrictions, unworthy influences , pressures or warnings, from anyone and for any reason," the response states.
They add that the judiciary should be open to public criticism, if it is useful and welcome if it is reasoned, objective and grounded.
"Inappropriate statements earlier by the Prime Minister (that he was ashamed of some decisions of the courts) and yesterday by the Minister of the Interior (that the court releases criminals from custody every day) contribute to public distrust in the courts and the weakening of the dignity of the entire judiciary. The efficiency of Montenegrin courts is not at a satisfactory level, which has been reported in the Annual Report of the Judicial Council, but this is not only a consequence of the insufficient work of the courts, but also of objective reasons that we have pointed out several times (lack of judges, insufficient number of courtrooms, unfavorable material situation, lack of personnel renewal of the judicial structure). The assessment of the Ministry of Internal Affairs is unacceptable that the judges who did not pass verdicts within three years were solely to blame for the reckoning of criminal groups, so the defendants were released from custody. The six judges of the special department are working on over 160 cases of organized crime and corruption in which a large number of defendants have extensive evidence. When the accused is released from custody, he will be subject to supervision measures, banning him from leaving his place of residence, which was also the case with the persons who died in Podgorica, and the execution of these measures is taken care of by the Police Directorate," the response states.
They remind that the judges of the High Court, in a recent letter to all competent authorities, pointed out the objective reasons why they cannot be more efficient.
"The Judicial Council has accepted their requests and within its jurisdiction will take measures to quickly select four judges based on the advertisements that are in progress and to consider without delay the possibility of increasing the number of judges in the Special Department of the High Court in Podgorica. Both the executive and legislative powers, each in Within their jurisdiction, they should undertake activities to improve the spatial, accommodation, normative and technical conditions for more efficient work of the special department. The policy of judicial reforms must be the task of all three branches of government, within their jurisdiction, they should do their part. .
They say that they support constructive criticism, but also vow to stop making inappropriate statements about judges and court decisions and that public office holders and all responsible social actors refrain "from harmful effects on what represents the common interest of the citizens of Montenegro on the way to the European family of nations".
"Even the European partners in the last report clearly apostrophized that the institutions of the system are vulnerable, i.e. susceptible to political influence, and that is precisely why the Council calls not to allow party spokespersons to create a negative image of one of the three equal branches of government. What is certain, On this occasion, the Judicial Council will not enter into a further controversy with them, hoping that they will behave maturely, conscientiously and responsibly the strengthening of the judicial system, which must enjoy the trust of the public in order to successfully exercise its competences, will be in vain not only the painter's work referred to by Minister Šaranović, but also all the efforts of all sincere fighters for a better future of our society", concludes the reaction.
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