More than 21 years of heirs Mehmed Čengić from Pljevlja are waiting for the state to finally complete the compensation procedure for the steam sawmill that was taken from their ancestor after World War II. Due to the lengthy procedure that has been going on since 2005, the Ombudsman of Human Rights and Freedoms of Montenegro has determined a violation of the right to a decision within a reasonable time and ordered the Commission for Restitution and Compensation in Bijelo Polje to make a decision without further delay.
In an opinion signed by the Deputy Protector Tatjana Radović Todorović It is alleged that the complainant's right guaranteed by Article 32 of the Constitution of Montenegro and Article 6 of the European Convention on Human Rights was violated, since the proceedings have not been finally concluded even after more than two decades.
The compensation procedure for the confiscated property of the former owner of the steam sawmill in the village of Odžak, Pljevlja, has been going on for more than 21 years, which is why the Protector of Human Rights and Freedoms of Montenegro has determined a violation of the right to a decision within a reasonable time and ordered the Commission for Restitution and Compensation in Bijelo Polje to complete the procedure without further delay.
Presidium decision
A complaint was filed with the Ombudsman by one of the heirs of the former sawmill owner, stating that the restitution and compensation procedure has been ongoing since 2005 and that even after more than two decades, it has not been legally completed.
The claims for compensation were submitted to the Commission for Restitution and Compensation in August and November 2005 by the granddaughters of Mehmed Čengić BV and F. Č. T. The case concerns the steam sawmill of Mehmed Čengić from Pljevlja, which was nationalized by the decision of the Presidium of the National Assembly of the People's Republic of Montenegro in 1946, and which he had built in 1930.
After a long-term procedure, the Bijelo Polje Commission for Restitution and Compensation issued a decision in October 2023, accepting the heirs' request and determining compensation of 1.146.721 euros.
However, the Compensation Fund and the Protector of Property and Legal Interests of Montenegro appealed against this decision, after which the case reached the Administrative Court.
By its judgment of February 17, 2025, the Administrative Court accepted the claims of the Compensation Fund and the State of Montenegro and annulled the decision of the Appeals Commission.
The court found several irregularities in the procedure. The reasoning of the verdict states that the factual situation was incompletely established, and that the authorities made errors when assessing the value of the confiscated property.
One of the key objections was related to the fact that a mechanical expert assessed the value of roundwood and sawn timber, although a forestry expert is responsible for such an assessment.
The court also pointed out the contradictions in the first-instance ruling. Namely, the claimants sought compensation for the steam sawmill, while the commissions in the proceedings also decided on the land, even though it was not included in the claim.
"Public law authorities decided beyond the limits of the requested requirements," the Administrative Court's ruling states.
The court particularly emphasized the length of the proceedings and called on the competent authorities to take up the case as a priority so as not to further question the parties' right to a trial and decision within a reasonable time.
Following the Administrative Court's ruling, the Appeals Commission annulled the first-instance decision in March 2025 and remanded the case for re-determination.
In the repeated proceedings, additional expert assessments were conducted by mechanical, construction, forestry and economic experts in order to eliminate the shortcomings pointed out by the court.
The last oral hearing was held on July 28th last year, when the evidentiary proceedings were concluded.
However, after that, there was a new stalemate because the president of the Commission resigned, so the commission was without a leader for a certain period of time.
After the appointment of the new president, a draft decision was drawn up and forwarded on February 16 of this year to the Commission for the Harmonization of Procedure in Podgorica for approval, where the case is still pending.
It cannot be to the detriment of citizens.
The Ombudsman's opinion states that a large number of evidentiary actions were conducted during the proceedings, several expert findings were obtained, and that the case went through several decision-making instances, which indicates a certain degree of complexity.
However, it was concluded that even the complexity of the case could not justify the duration of the proceedings exceeding two decades.
"The competent authorities are obliged to organize their work in a manner that enables the efficient exercise of citizens' rights and the making of decisions within reasonable deadlines," the opinion states.
The Protector particularly emphasizes that the applicant did not contribute to the delay of the proceedings by her actions, and that the responsibility for the efficient handling of the case lies with the competent authorities.
It is also emphasized that organizational and personnel problems, such as the change of the Commission President or the lack of a manager, cannot be to the detriment of citizens.
The Ombudsman recommended that the Bijelo Polje Commission for Restitution and Compensation immediately upon the return of the files from Podgorica, without further delay, issue a decision and deliver it to the parties.
It was also ordered that the Commission take measures in the future to resolve cases under its jurisdiction more efficiently and in accordance with the standard of decision-making within a reasonable time.
The Commission is obliged to inform the Ombudsman institution within 30 days about the activities undertaken to implement the recommendations.
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