Pavličić: Detention cannot be a punishment, but a strike is not the solution to the problem

Detention cannot be indefinite nor should it replace punishment, but the solution is not in strikes, blockades and cancellation of powers of attorney, but in institutional changes and a responsible approach by all participants in the proceedings, said the President of the Supreme Court, Valentina Pavličić.

She spoke out regarding the requests of detainees in the Spuž Remand Prison, submitted in a letter from their lawyers.

"Regarding the strike of detainees in the Remand Prison in the Administration for the Execution of Criminal Sanctions (UIKS), as the president of the highest judicial instance in the country - the Supreme Court of Montenegro, I would like to clearly and decisively send a message that everyone has the right to opt for some form of protest, including a strike, but no one has the right to obstruct the work of the courts in this way, slow down the administration of justice or prevent the clarification of cases of the greatest public interest before the courts of Montenegro," the statement reads.

Court decisions, whether procedural or meritorious, including those relating to the duration of detention, setting bail or confirming indictments, are made before the competent judicial panels in accordance with legally prescribed procedures, i.e. in accordance with the Constitution of Montenegro, the Criminal Procedure Code and standards from ratified and published international treaties in the field of human rights, she said.

No other way of making decisions exists, nor can it exist, Pavličić points out.

"Today, courts operate within the framework of their legal jurisdiction, but also with limited human, spatial and organizational capacities, trying to overcome years of laxity reflected in the accumulated number of cases. Detainees, however, must be aware that actions such as strikes or cancellation of attorneys' powers of attorney do not solve the problems they point to, but rather deepen them and additionally slow down the making of final court decisions. No obstruction, strike or pressure can change the existing situation, replace legally prescribed procedures, or influence the judge's decision," she stressed.

Pavličić emphasizes that the Higher Court in Podgorica, before which the aforementioned proceedings are currently being conducted, is working at a "record pace" and shows that, despite "all pressures and challenges", justice can approach the standard of trials within a reasonable time. In accordance with legal powers, any attempt to obstruct or block the work of the court will be recognized and sanctioned by the judges, she said.

She reiterated the appeal to urgently begin amending procedural provisions and enacting a new Criminal Procedure Code.

"Only new, modern and clear procedural guarantees in criminal proceedings can ensure a true reform of criminal justice, within which justice is administered quickly and efficiently, and trials are held with full respect for the human rights and fundamental freedoms of every detainee. In this way, we will strengthen the rule of law in Montenegro and restore public trust in the judiciary."

The Supreme Court, she said, reminds us that justice delayed excessively becomes justice denied.

"We have postponed it for long enough in the previous period, and Montenegro must no longer allow itself to do so. The judicial system, which I lead, is obliged to protect the public interest and guarantee the rule of law. The system will continue to ensure a lawful, impartial and timely trial, despite all challenges. Any action that threatens these principles and is aimed at illegality will be decisively and legally sanctioned," Pavličić said.

She called on the Bar Association to be a "constructive partner to the judiciary" and ensure the provision of legal aid in accordance with all ethical and professional standards of the profession, because only in this way can final court decisions be reached.