The Association of Judges assessed that the reaction of Democratic Montenegro after the information that a minor suspected of attempting to kill a student in the courtyard of the Bar gymnasium was released from custody after nine days represents "merely gaining political points on the obvious accident that befell the injured minor and his family".
The Association of Judges condemned the Democrats' statement published on the Vijesti portal under the title "Courts are increasingly becoming a haven for criminals and thugs who are easily released."
"This - an inappropriate reaction to the court's actions regarding the recent event in Bar in which a minor suffered serious bodily injuries, and the perpetrator of the incident was released after a certain period of time to defend himself in further proceedings - is simply a matter of gaining political points on the obvious accident that befell the injured The Association of Judges, sympathizing with the pain of the victim and his family, supporting the right to peaceful protests, will not enter into the elaboration of an unlawful decision on the termination of the reason for the detention of a minor who is suspected of being the perpetrator of this crime. reviewed in the legal remedy procedure, if the same is declared by the authorized parties in the procedure. , so in the preparatory procedure the detention can last up to 62 days, and according to the decision of the juvenile council of the higher court, it can be extended for justified reasons for a maximum of 30 days, which means that the suspected minor could be in custody for a maximum of 30 days". explained the Association of Judges.
They point out that the fact that the political subject in the statement, "either out of ignorance, or knowingly", equates the institution of detention, as a measure to ensure the presence of the accused person in criminal proceedings, with the acquittal decision, or as it is stated in the statement: '.. more and more often thugs and criminals are released in record time after committing a criminal act...'.
"Even more worrying is the fact that in the continuation of the announcement, the political entity presents the courts as 'a classic legacy of the former regime, others trapped in inertness and lack of interest in the protection of citizens, especially young people'. Such a qualification, even if it is taken from the context of the imminent prosecution of the former highest officials judicial function cannot and must not be a mantra that will apply to all judges in Montenegro. There is a clear path for individualizing the responsibility of judges for their (in)action in cases, and if there is evidence that supports the grounds for suspicion that one of the judges has committed any action that has an element of a criminal offense, we call for an immediate response in the form of the submission of appropriate reports to the Special State Prosecutor's Office. Until then, it is inadmissible to distribute dishonorable labels to judges - whether, as in the aforementioned statement, we are a 'legacy of the former regime', or as some others subjects stated in some earlier announcements that 'we are betraying the state interests of Montenegro'. One thing is clear, we as judges have hundreds of cases in our work, we work in often inhumane conditions, we judge in offices, instead of courtrooms, with a salary that insults the dignity of our profession." , it is stated in the response.
They add that because of this, the function of a judge has become almost uninteresting to young lawyers, which is why the large number of missing judges is a constant, which in this state of affairs will not change in the near future.
"In the final, last part of the statement, among other things, it is stated 'that it is high time that we all initiate serious changes together in order to finally establish a just system in which justice applies equally to everyone, and that violent people and criminals are adequately punished.' It is clear that the political entity, although it does not explicitly state, propagates the process of 'veting' in the judiciary. In this way, we all respond as one, that the Association of Judges of Montenegro strongly advocates for an independent and strong judicial branch of government and that we are ready for any type of verification. of our integrity, in the legally prescribed procedure. In this direction, we support you to fight for the vetting process to start as soon as possible, so that you no longer waste time on populist phrases that generally end with the conclusion that all problems in the country originate from the courts, but also and that all of us in society take responsibility for our actions. The Association of Judges of Montenegro will no longer advertise in the public, and we leave it to the citizens to appreciate whether populist comments on court decisions strengthen the rule of law or intentionally weaken the institutions of the system," he concludes. in the announcement of the Association of Judges.
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