Towers on paper, but little in practice

Since the summer of 2022, several executive branches have been announcing the establishment of a Special Court and the construction of a Palace of Justice, as well as the urgent relocation of the Special State Prosecutor's Office and the Special Police Department, but the "planned" judicial complexes have not progressed beyond the idea even three years later.

The Ministry of Justice recently issued a public call for a representative of non-governmental organizations (NGOs) in the working group, which will deal with writing the text of the draft law on the special court.

This was the reason for the Minister of Justice Bojan Božović declares that "the rule of law does not rest on words, but on institutions."

"On institutions that have the knowledge, integrity and capacity to prosecute the most complex forms of crime - without exceptions and without pressure. In this spirit, the Ministry of Justice is initiating the process of establishing a Special Court for the Most Complex Proceedings, which will be composed of judges whose professional and personal integrity are beyond dispute," Božović wrote.

The Ministry of Justice, however, in its response to "Vijesti" stated that more information about the novelties, which are planned as a legal solution in its infancy, will be announced to the public after the meeting of the Working Group for the drafting of the bill on the special court.

They did not respond to the draft deadline for writing the bill on the special court, nor did they provide specific clarifications on whether the new legislation will finally allow the judiciary to issue final verdicts in complex cases of organized crime and corruption.

On October 8 this year, the government adopted information on the spatial capacities of judicial bodies in Podgorica with a proposal for a location for the construction of the "Judicial Complex" in the Konik/Old Airport area.

This document mentions, among other things, that the plan is to house the SDT and SPO in this complex in the future.

When asked if they could explain such a decision, given that a tender for the reconstruction of the old government building for the needs of the SDT and SPO is underway, the Ministry of Justice responded briefly:

"When it comes to the construction of the 'Judicial Complex', we inform you that a conceptual design and preparation of project documentation are currently being developed, about which the public will be informed in a timely manner. It is expected that the aforementioned project will resolve the issue of accommodation capacities for the SPO and SDT in the long term," the institution's response, signed by the head of the cabinet, reads. Maja Jovic.

The Ministry of Public Administration announced a tender at the end of August for the adaptation of the old government building for the needs of the Special State Prosecutor's Office and the Special Police Department.

Based on data from the Montenegrin Public Procurement website, the date for submitting or opening applications has already been postponed twice, thus extending the deadline for craftsmen to enter the building of the former seat of the executive government.

The Judicial Reform Strategy for 2024-2027 plans the reconstruction of six court buildings, and the document also "enshrines" the obligation to carry out preparatory work - defining the location and preparing technical documentation for the new complex of judicial institutions in Podgorica.

About twenty days ago, the Government adopted the Information on the Spatial Capacities of Judicial Bodies in Podgorica with a proposal for a location for the construction of the "Judicial Complex", stating that the spatial capacities in which judicial institutions operate are one of the "weakest links in the system".

"Most courts and prosecutors' offices are located in infrastructure-inadequate facilities, which are often dislocated, overloaded, without technical conditions for security control, without sufficient space for employees and users, as well as without the necessary flexibility to introduce new functionalities and technologies," the document states.

The Information particularly highlights the concern that the Special State Prosecutor's Office, the Special Police Department and the High Court - key players in the fight against organized crime and high-level corruption, are located in premises that do not provide the necessary level of protection, security, independence and access control.

Precisely for this reason, as stated, the construction of a unique and modernly designed judicial complex in Podgorica represents a strategic move by the state, which will enable "the unification of judicial institutions in one security-controlled location."

For the implementation of the project to build the Judicial Complex, an urban plot in Konik and the Old Airport is proposed, and it is explained that the location is located near the city bypass, which ensures high traffic accessibility and connectivity with other parts of the city and the region.

The document explains that this location has proven to be a "rational and sustainable solution."

Judicial facilities are not necessary for full justice

Numerous domestic and international analyses have shown that the state of the infrastructure in which judicial authorities operate in Podgorica and throughout Montenegro is "systemically unsatisfactory".

As stated in the Information on the Spatial Capacities of Judicial Bodies, over the years, concerns have been repeatedly expressed about the inadequate conditions in which key institutions operate.

Out of a total of 38 facilities that were processed in all cities of Montenegro, none of them simultaneously meets the spatial-programmatic and technical-technological standards required for the smooth, functional and safe performance of judicial functions.

"Even facilities that nominally meet the minimum technical requirements, in practice function with difficulty due to overcrowding, conversion, and chronic deterioration," the Information states.

Of the 38 assessed facilities, 26 are over 50 years old.

In Podgorica, the High and Basic Courts, the Commercial and Administrative Courts, as well as most prosecutors' offices, are located in buildings that do not meet current needs, let alone the expected growth in the number of employees and users in the context of European integration.

"Such conditions directly affect the efficiency of work, the quality of judicial service and the public's perception of institutions," the document states.

Three units, with separate entrances for SDT and SPO

The Information on Spatial Capacities of Judicial Facilities states that it is planned that the future judicial complex will be organized into three separate, but functionally connected units.

The first unit is designed to include the Basic and High Courts in Podgorica, as the largest judicial entity.

In Unit 2, it is planned to house the Commercial and Administrative Courts of Montenegro, while the third part of the Judicial Complex should house the Supreme, Higher, Basic and Special State Prosecutor's Offices and the Special Police Department.

The buildings will be designed with floors ranging from P+6 to P+10, and according to the idea, the complex should also have shared underground floors and shared technical rooms.

Separate security entrances and access corridors have also been designated for buildings with high-risk institutions - SDT and SPO.

The construction area of ​​the complex is estimated at around 50,000 m².

By creating a unique complex, as stated in the Government document, the use of space is rationalized, and the costs of lease, maintenance, insurance and archiving are reduced...