Dragović, like almost all his colleagues, created a kind of chronology of the "Telekom" case.
After that, he asked the Supreme State Prosecutor Milorad Marković what "prompted the Supreme State Prosecutor's Office to write an extraordinary legal remedy - protection of legality in the Telekom case"?
"If an indictment is filed at the request of the subsidiary prosecutor - the protector of property and legal interests, will the prosecution, because it has the authority, undertake criminal prosecution, taking into account the importance of this case and the disagreement of views and the shaken authority of the prosecutorial organization in the public," Dragović asked.
The Supreme Prosecutor's Office said that it could not answer how the prosecutor of the Supreme Prosecutor's Office, who is responsible for handling this case, would make a decision in a hypothetical situation, if an indictment were to be filed.
"You know very well in which situation a prosecutor can take over the criminal prosecution and make a prosecutorial decision. If you think that today, as the Supreme Prosecutor's Office, I should give my opinion on a case in which I am not acting, I think that I would completely deny the autonomy and independence of the Supreme Prosecutor's Office prosecutor, who is acting in this case," said Marković.
The Supreme State Prosecutor's Office explained that the Supreme State Prosecutor's Office decided to file a request for protection of legality in this case "in order to harmonize case law."
PES representative Darko Dragović said after the fifth hour of the Committee session that "it is not appropriate for the topic that only two representatives of parliament remain in the Blue Hall."
He said that PES would support and vote for the State Prosecutor's Office's 2025 Work Report and praised the results and the increased level of transparency on the prosecutor's office's website.
Dragović stated that he concluded from the report that "the problems lie in personnel and spatial capacities."
He also proposed that the number of prosecutors in all prosecutorial units should be increased "to account for this volume of work."
"It is disappointing that last year only eight interns were employed. That is disappointing, so I am asking you if you plan to cooperate with educational institutions to create opportunities for employment," Dragović asked.
Committee member from the Bosniak Party, Jasmin Ćorović, asked about the SDT's handling of war crimes cases, emphasizing that this is an issue to which we need to receive institutional answers, especially to those epilogues in cases involving command responsibility.
"The issue of war crimes does not age and it is very important to us. But war criminals age and go unpunished. That is why it is necessary to act quickly and achieve justice regarding war crimes," said Ćorović.
The Supreme Prosecutor's Office stated that the prosecution's reaction to war crimes over the past two and a half years is "more than obvious", and that it is actively working on all cases, as well as that there is good cooperation with the Residual Mechanism for Criminal Tribunals (RMCT) in The Hague, which was also highlighted in the report by Chief Prosecutor Serge Brammertz.
"Last year, the State Prosecutor's Office formed two new cases, filed two indictments, and there are 21 war crimes cases pending from the previous case. We had a verdict in one case, and we expect guilty verdicts in active criminal proceedings. We have done everything we could do on our part regarding the Klapuh family case. We are acting on letters of request, we are submitting letters of request to regional prosecutors. This issue of war crimes represents an institutional approach not only because of the past, but also because of the future," the Supreme State Prosecutor stated.
MP Andrija Nikolić was also interested in the status of the investigation into the procurement of 100 Kalashnikovs ahead of the August 2020 elections.
Nikolić asked the Supreme Prosecutor's Office how many high-profile crime cases have been pending for more than two years, and what the reasons are for these cases not being concluded.
"How many times has the Prosecutorial Council reacted when government representatives requested the filing of indictments in advance? Do you in the Prosecutorial Council believe that the Work Report should contain more performance indicators - the average duration of indictments, financial investigations... instead of what is predominantly a statistical presentation," Nikolić asked.
He emphasized that he wanted everyone to "have equal treatment in the prosecution office" in relation to their expectations, and then switched to the "Telekom" case.
"Regarding the Telekom affair, the High Court in Podgorica determined that the statute of limitations for accepting bribes did not run until 2036. Previously, the SDT dismissed the complaint because there was no evidence. The Supreme Court made the decision for procedural reasons, and if I read the construction of the Supreme Court correctly - the VDT's request was illegal and premature. The protector of state property was abused in this case to play the prosecutor in this case. It is clear to me that the government wants to have political heads on the line and that is where these initiatives come from, but we from the opposition, and I assume also those who are accused by the parliamentary majority, each of them, as far as I have seen, is interested in bringing this case to an end. Here, things are being artificially delayed in order to keep the political indictment current, but we have no legal arguments to bring this matter to an end," Nikolić emphasized.
The DPS MP also commented on the Committee's conclusions on the VDP report, which was not adopted last year, emphasizing that even then they had called for a more transparent approach but also for more frequent appearances of prosecutors' representatives in parliament.
"To whom are you responsible and to whom are you accountable for your work? If you have a certain autonomy, which will certainly be strengthened by constitutional changes, have we really come to a situation where we have a 4th branch of government? I think it is legitimate for the parliament to invite you, and for you to respond. Ivica Stankovič and Milivoje Katnić have come here much more often than you and GST Vladimir Novović. We talk and ask in a civilized manner, and if there was a mood, we might even propose some recommendations for this report. I think you have a bigger problem on the part of the parliamentary majority, who have clear political expectations of you. I have heard that countless times. We have never asked you to arrest this person or prosecute someone," Nikolić assessed.
The State Prosecutor General Milorad Marković reported, stating that previous work reports also had recommendations from parliament, even though they were not adopted.
"The prosecution is not accountable to anyone. We have a system in the TS, where prosecutors are legally accountable for their work. Regarding participation in committees, if we are talking about specific cases, the legal norm is that they should not be required to respond to specific cases," Marković repeated.
He stressed that "it is politically interesting to discuss specific subjects in parliament."
"I am ready to bear responsibility for the work of the prosecutorial organization, but on the other hand, I will do everything to protect every prosecutor," the VDT emphasized.
European Union MP Nikola Zirojević assessed that everything "fires" in the State Prosecutor's Office's Work Report, but that there are many cases, as he said, about which the State Prosecutor's Office and the State Prosecutor's Office are either silent or refuse to act. "In some cases, you have been scouting for years, so I once asked you if you are the Scout Association. Do you see what ministers are doing to us? Do I need to remind you of numerous cases: Belveder, Meljine-Petijevići... and let me ask you why Vice President Zdenka P. was not heard in the SDT due to unlawful influence after she appealed from the parliamentary rostrum that the construction inspection not go out to inspect the illegally built beach in Baošići and two floors of the hotel in the apartment building. Why do you still tolerate the unconstitutional actions of the Mayor of the Municipality of Pljevlja, Dario Vraneš, because when I listen to that man, I have the feeling that Pljevlja is not in Montenegro," Zirojević asked.
He asked the VDT whether the Director of the Police Administration, Lazar Šćepanović, after receiving his master's degree, is telling us that the SDT does not have competent prosecutors to complete the work on a single case, so, as he asked the VDT, should the police chief also volunteer to perform the work of a special prosecutor.
"I agree with you that all prosecutors should be independent, but that does not mean irresponsibility. How come you go to the Gender Equality Committee and not to the parent Committee? I get the impression that you are avoiding topics that you are not very comfortable with. This Committee should be the primary address where you should appear. It often seems that you are politically prosecuting cases of high corruption because one gets the impression that everything illegal happened only until 2020," Zirojević assessed.
Like his colleague Vuković, he asked about detention, emphasizing that he had the impression that "people there are being tortured by this measure"...
"From a human perspective, it is not right for someone to die in custody without being convicted first. You will agree that there are numerous other security measures. A person who is on the threshold of his 8s and who is barely alive is being held in custody. This does not honor anyone in Montenegro," he said.
The MEP asked about businessman George Cottrell, stating that this person "has been mentioned in the British media these days", and that Montenegro is also mentioned in that context.
"I think this is a case you should deal with," Zirojević said.
The State Prosecutor's Office reiterated the legal relationship of the State Prosecutor's Office to the parliament, as well as what the European Commission emphasized in its non-paper as the Committee's practice regarding inviting representatives of the prosecution office.
Marković stated that the constitutional changes do not bring new, additional power to the prosecution.
He said that he could not comment on certain statements, including those of the director of the Police Department, because he did not know the precise context, but that the authorities were clearly aware of the actions within the framework prescribed by law.
"I am sure that the SDT does not need any professional assistance in how to write or correct indictments," said Marković.
The Supreme Public Prosecutor's Office said that there are clear legal reasons for the prosecution's proposals to order detention.
Nikola Zirojević assessed that when he wants to invite the State Prosecutor's Office for coffee, he will do so at the Hilton, but emphasized that he invited him to act and determine the circumstances based on information that is available to the public.
"One gets the impression that certain politicians enjoy a certain degree of protection. I demand that you determine whether someone exerted unlawful influence or took a bribe, as stipulated in that article of the law. I am not calling on you to arrest anyone, but to act. I am obliged to ask you these things. The public is interested in these things, but to see why some actions are not being taken. I had a situation where some indictments were being drawn up in the plenary hall. If you assess that for some reason you should prosecute me, go ahead. But I will also ask you about some situations where you do not act for six years, how we first read the SKY material in the media," Zirojević asked.
The State Prosecutor's Office responded that it was not threatening anyone, but that it was completely clear when it said that Zirojević's position also represented a certain type of pressure.
"Relax, no one is receiving threats from my side. This prosecutor's office can only act in accordance with the law," the VDT replied briefly.
Zirojević again mentioned that the VDT's approach of putting its call to investigate Vice President Popović's call on the same level as her call from the plenary rostrum "for inspections not to act when the beach in Baošići is being concreted" is inconsistent.
Democratic Party of Socialists MP Ivan Vuković said that the biggest beneficiary of the constitutional amendments will be the State Prosecutor's Office, which will receive additional institutional power.
Vuković admitted that the previous government, as well as the current one since 2020, is responsible for the inadequate capacities in which prosecutors and judges work, and then asked whether the SDT moved to the renovated building of the old government.
He was also interested in the VDP's review of the part of the European Parliament's Report on the state of political affairs where pressures on the work of the prosecution are noted, where prosecutors are spoken of in a very pejorative sense, when decisions go beyond their expectations.
He asked about the Council of Europe report, according to which he emphasized that the average number of detainees per 100.000 inhabitants is 25, and that this figure in our country goes up to 56, which means that in Montenegro we have twice as many as in EU countries.
"Not to mention the conditions in which these people are held there. Is there a different approach, but does that not necessarily mean detention, to ensure their presence in criminal cases," Vuković asked.
He asked the State Prosecutor's Office what was happening with the case of the procurement of 100 Kalashnikovs ahead of the 2020 elections?
"Based on the SKY correspondence, we know who acquired those weapons and why, but you must admit that six years is a long time for the investigation to continue," Vuković asked.
The Supreme Prosecutor's Office responded that they have spatial problems at almost all levels of the prosecutorial organization, but that there has been progress in Pljevlja.
"Only the SDT will move to the old government building. You will understand, it is not easy to move the SDT, so it must be planned while the work process continues in the capacity in which it is. It is not just the relocation of personnel, but also of cases, the registry office, that is underway and will be implemented quickly. We are in the process of negotiating with the Government to fully hand over the premises of the Ministry of Justice to the prosecutorial organization for use," said Marković.
The State Prosecutor's Office said that the most important thing for him is how the State Prosecutor's Office reacts to criticism and pressure.
"It is not pleasant conditions when individual prosecutors work under such criticism. Criticism must exist, but it must be substantiated," said the Supreme Prosecutor's Office.
He reiterated that the Parliament should not discuss specific cases, and that due to high public pressure, we now have a situation where young people are not interested in working in the Special State Prosecutor's Office.
He explained that every indictment must have quality evidence, that it is not enough for prosecutors to simply be convinced whether someone is guilty or not, but that solid evidence is also needed for criminal prosecution.
The Supreme Prosecutor's Office said that at the level of all prosecutors' offices, when the case is with the prosecutor before indictments or an indictment are filed, the average duration of detention is around 40 days.
"You can conclude that this data shows that the prosecution does not have much influence on the days that certain individuals are in custody. A significant number of detention cases are due to domestic violence, but they are ordered due to elements of security threat, which is why prosecutors submit a motion to order detention. Under the jurisdiction of the SDT, you have the longest duration of detention, but with the prosecution, it cannot last longer than six months," Marković replied.
He did not want to provide more details about the "live" cases, emphasizing that "the cases are in progress and being processed," and that the public will be informed of the decisions.
Europe Now Movement (PES) MP Vasilije Čarapić also had a final comment in which he assessed that the public has a perception that the prosecutor's office's attitude towards some high-level corruption cases is not the same as in cases of other forms of crime.
"The Telekom affair is no more significant to me than, say, gender-based violence. I know how harmful both phenomena are to citizens. Only here I see one reservation of the prosecution, that high-level corruption cases are discussed here as well as the problem of, say, gender-based violence. Our intention was to open high-level corruption cases, because someone had a case and kept it in a drawer until the statute of limitations expired. This is something that requires strategic processing. We need to see if this is a pattern in other high-level corruption cases, because decades have passed since some cases have dragged on without a verdict, without an indictment, and sometimes evidence is only sketched out, as in this case. These are acts that attract special attention. The public perception is that you are ready to deal with organized crime, war crimes cases, numerous forms of crime, but the public sees this and says: such determination and courage are lacking in high-level corruption cases. We are being fair, one case is not a reflection of the prosecution, but we are telling you that there should be no room for any selectivity," Čarapić stated.
He assessed that if some cases do not reach an epilogue now, as he emphasized, it will leave a permanent stain on the way the State Prosecutor's Office works.
"You are talking about non-paper, and we all know that it is the result of some lobbying, it is not an official statement but a screenshot to show where we are in relation to EU reforms. We need to use our goodwill, we have no hidden interest, we want to help make a step forward in all segments when we already have goodwill," Čarapić emphasized.
In the continuation of the committee session, Europe Now Movement (PES) MP Vasilije Čarapić praised the State Prosecutor's Office's 2025 Work Report, but then addressed the case surrounding the privatization of "Telekom", mentioning the State Prosecutor's Office's relationship with the Parliament, which last year sought answers regarding that case.
"Last year, we had a situation where we wanted to hear details about the proceedings in an important case, where the statute of limitations had expired. We had epilogues before the courts, which somehow surprised the prosecution since they were representing some other matters, but last year we wanted to open an important topic, which are high-level corruption cases, which involve the highest state officials. When we talk about Telekom, we had epilogues in some other countries, and in Montenegro, where all this happened and whose economy it affected, we do not have that. Except in relation to one prosecutor, who kept the case in a drawer. If we are going to run away from some cases, which are important, which were watersheds like a change of government, we will face the fact that we will have a perfect report, but the perception of the work will not be the one that is close to reality precisely because of some such cases," Čarapić emphasized.
He asked the Supreme State Prosecutor (SSP) Milorad Marković how successful the State Prosecutor's Office would have been in the fight against organized crime if they had not had the abundant assistance and support of partner services, emphasizing that this was not the case before the reforms in the prosecutorial organization.
The Supreme State Prosecutor said that the best answer regarding the relationship between the State Prosecutor's Office and the Parliament was provided by the European Commission in an informal non-paper.
"The EC's position is that state prosecutors and judges cannot be invited to discuss specific cases in parliament. It is necessary for the rule of law for the prosecution to be completely independent. If we want to have independent prosecutors, we will not discuss specific cases in the Parliament. The only place for criminal cases is the prosecution and the court, and the court will make a decision based on the prosecutor's indictment. We must respect the Constitution of Montenegro, everything the prosecution does is respect the Constitution and the law. That is a red line below which today's prosecution will not go. Whether politics has an interest in the work of the prosecution is obvious. That is something that is the atmosphere in which the prosecution operates. We have a problem with the interest of candidates in reporting to the SDT, because there is great public pressure on prosecutors, who act, because cases are publicly commented on, convictions are given, conclusions are publicly given," Marković replied.
He emphasized that even he, as the Supreme Prosecutor's Office, has no right to influence the work of prosecutors, who are autonomous and independent in their work.
Marković emphasized that the prosecutor's office's relationship with the Parliament is at the "highest possible level."
Supreme State Prosecutor Milorad Marković said that the State Prosecutor's Office has achieved exceptional results in the fight against organized crime and corruption, and this is especially evident if the statistical figures of the Special State Prosecutor's Office (SDT) are compared with the results of countries in the region and also European Union members, which are incomparably higher than Montenegro's.
"In Montenegro, indictments have been filed against 145 people, which shows that with the capacity of 13 special prosecutors, we have an exceptional result. The property gains that were temporarily seized last year, which is measured in almost 2 million square meters of total real estate... so compare that with some European Union (EU) countries, you can see when we talk about the level of temporarily seized property gains that it is at a level, of course, proportional to the size of the state itself and its capacity, but also to the budget allocated to France and Montenegro, you can see that the percentage of temporarily seized property in Montenegro is at the same level as in France. It is very clear here that the results we have in the fight against organized crime and corruption are exceptional, and therefore it is very important that we continue to work and create adequate conditions in order to have interested citizens, primarily reputable lawyers, prosecutors and judges, interested in working in that institution," said Marković before the Parliamentary Committee on the Political System, Judiciary and Administration, where he presented the Report on the Work of the Prosecutorial Council and the State Prosecutor's Office for 2025.
Marković praised the international cooperation of the State Prosecutor's Office, particularly highlighting the agreement with Spain and the Association of State Prosecutors' Offices of South America, which, as he emphasized, are already yielding results in specific cases, which is significant in investigations against transnational crime.
Committee member Dejan Đurović believes that the results of the State Prosecutor's Office, as he said, must be much better and emphasized that "the situation on the streets is not very safe," noting that Montenegro has "exported crime to the countries of the region and the EU."
"What should we do to improve these results? And how come you are failing to retain staff and what do you think about vetting and is it necessary for the prosecution?" asked Đurović, noting that citizens currently have no trust in the prosecution and do not feel safe from organized crime groups.
The Supreme State Prosecutor did not agree that there was a staff outflow in the State Prosecutor's Office, and that at the beginning of 2024 there were 85, and now there are 116 prosecutors in that organization.
"We are short of up to 45 prosecutors, but in the coming period we will see whether that number is really realistic at the level of the entire prosecution. The biggest problem we have is in the SDT and last year there was an outflow in that prosecution due to suspensions, dismissals and resignations. We have a missing number in the SDT and I think that this is not just a problem for the prosecution because this is not just the fight of the State Prosecutor's Office, but all of us in the state system have to respond to the problem of organized crime. The determination and will of this prosecution are producing results. We expect that the Ministry of Justice will soon come forward with a proposal to seize temporarily seized property before final court decisions are made," said Marković.
He emphasized that both clans in Montenegro have been prosecuted multiple times in indictments by the Special State Prosecutor's Office.
"Our answer is obvious and we are now waiting for court decisions," said Marković.
The Committee session was paused due to a vote in the plenum on amendments to the Constitution.
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