Initiative Andrije Mandić The proposal to declare drug cartels as terrorist organizations is unnecessary because Montenegrin regulations already offer a good basis for fighting the mafia, so instead the head of parliament should propose measures that are essentially necessary to counter criminal groups, such as checking the assets of judges and prosecutors, increasing the number of judges in the special department of the High Court in Podgorica, improving the working conditions of judicial employees...
This is how the interlocutors of "Vijesti" comment on Mandić's idea, which, as he announced to the public, he presented on Friday at the session of the Defense and Security Council.
He wrote on the "X" network that he was writing to his colleagues from the Supreme Command, the heads of state and the government. Jakov Milatović i Milojko Spajić, proposed that the National Security Strategy be amended in the section on the "political influence of organized crime", as well as that "transnational drug trafficking cartels" be declared terrorist organizations.
"Taking into account the security risks and threats, as well as the strong influence of transnational organized crime structures on state institutions, I expressed the view that it is necessary to adopt a special law on combating terrorism as soon as possible. This law would create new legal weapons and strengthen the capacities of state bodies in the fight against terrorism, as well as enable the implementation of important public policies and eliminate obstructions in the implementation of our obligations under Chapters 23 and 24 in negotiations with the EU (European Union)," Mandić stated.
His initiative resembles a decision (an executive directive, which does not require congressional approval) issued on January 21 by the new-old president of the United States of America (USA). Donald tramp, to designate drug cartels as “foreign terrorist organizations.” This, according to local media, is part of the Trump administration's broader strategy to curb the flow of drugs and people across the southern US border.
"Excessive proposal"
Lawyer and former Secretary General of the Government Boris Marić, told "Vijesti" that Mandić's idea is legitimate, but that it primarily serves political marketing. He believes that the existing normative solutions provide a good basis for the fight against organized crime, and therefore says that he considers the proposal of the first man in the Parliament - redundant.
"What needs to be done is to strengthen the capacities of the security and judicial sectors. We need phased vetting (checking the assets of judges and prosecutors, their possible connections to crime, and their professional competencies, ed.) and much more generous investment in these institutions, both in equipment, technology, premises necessary for work, and in staff of all profiles. The current budgets of these institutions are insufficient for the necessary reforms," claims Marić.
The interlocutor notes that essential reforms are not a politically profitable platform, and that citizens will therefore listen to stories about quick solutions, attacking organized crime and corruption, without, he notes, having the authority to do so, with superficial knowledge, public policy proposals without any foundation in the profession...
"Because we do not have institutions capable of responding to these challenges and using their authority to explain to the public the need or illusory nature of certain proposals. Dialogue is certainly needed, and this is a topic for a serious retrospective of previous decades, as well as for research into the level of criminalization of Montenegrin society today," says Marić.
According to the government document “Serious and Organised Crime Threat Assessment in Montenegro - SOCTA MNE 2024”, 11 high-risk organised crime groups (OCGs) are registered as active in the country, the largest of which has over 30 members. The document states that the dominant criminal activity of these organisations is international cocaine trafficking, and that they “continue to maintain a trend of association with criminal groups from other Western Balkan countries”.
"If the cat doesn't hunt, it doesn't matter..."
Lawyer and former Minister of Police of Serbia Bozo Prelevic, states that drug cartels and terrorist groups are not the same, and that they are very different. He explains that the goal of drug cartels is profit, while that of terrorism is to cause unrest and disorder, draw attention to itself, and eventually bring about the fall of government through terrorist acts involving a large number of unknown people.
“You can't mix those two things,” he adds.
Prelević believes that neither the courts nor the prosecution would receive any special funds and instruments for their work by classifying drug organizations as terrorist organizations, but that someone might profit from marketing. He says that he would much prefer if Mandić had said that the number of judges in the High Court (in Podgorica) and the Supreme Court would be increased, that the number of courtrooms would be increased...
“To me this seems like - 'now we're going to call it this'. Okay - so? It's not a question of what you call it, but how you fight it - are you going to have an increased number of agents, prosecutors and judges to prosecute it? I think that Montenegrin laws also have high penalties for both crimes. As the former Chinese president said (Deng Xiaoping): 'It doesn't matter whether a cat is black or white, if it catches mice'. Paint the cat whatever you want, but if it doesn't catch mice - it doesn't matter what color it is...', Prelević told "Vijesti".
And for a "cat to catch mice," he says, drug gangs in Montenegro, but also in Serbia, "have to be mice." However, he notes that they have "grew fat" and seem "more dangerous than cats."
"When you look at the correspondence from the "Sky" application, you will see that they gained weight because the authorities fed them or protected them, whatever," says Prelević, the first Minister of Police in Serbia after the change of regime. Slobodan Milosevic.
"Some OKG activities may constitute terrorism"
After the Supreme Command session, Mandić also announced that, in drafting the law on combating terrorism, the professional Montenegrin public, "eminent experts on security issues, as well as representatives of citizens" would be guided by "best international practice and experiences, where we particularly emphasize the USA, with whose competent state bodies and security agencies direct cooperation should be established in this area."
He wrote that, along with the development of an innovative national strategy and laws, he considers it necessary for the Special Police Department and the Chief Special Prosecutor to begin work in new, adequate premises as soon as possible, in order to resolve objections regarding the effectiveness of the work of these bodies.
"The Council members strongly welcomed this initiative, and together we decided to pay special attention to it at the next session, which will be held very soon. We would also use the period ahead to discuss this initiative primarily with representatives of the EU and the US," he added.
"Vijesti" expects the European Commission to answer the question of whether they support Mandić's initiative.
Boris Marić states that this idea, on the other hand, is a challenging legal issue. He says that drug cartels, with their branches, have certain activities that can be classified as some form of terrorism - such as armed clashes, planting explosive devices, organizing assassinations of representatives of state authorities...
"Although the existing legislation provides the possibility for some forms of criminal acts committed by organized criminal groups to be classified as terrorism. Let us recall the assassination of the Prime Minister in Serbia (Zoran Djindjic")... However, in order to declare the entire activities of drug clans as terrorism, significant legislative activity and amendments to a whole series of laws are needed," he concludes.
The SOCTA document does not state the OKG's connection to terrorism, but rather states that "the use of the most severe forms of violence, manifested through the ruthless elimination of opponents in criminal activities, all with the aim not only of taking over a monopoly position, but also of revenge and total revanchism and the complete elimination of members of opposing criminal groups", remains one of the key segments in the activities of "high-risk criminal organizations".
"The thesis that high-risk criminal groups use corruption as a method of work has been confirmed through their infiltration and creation of associate positions in law enforcement and intelligence and security sector bodies, which have been transformed over time, so that some law enforcement officers have become members or leaders of certain segments of activity within high-risk criminal groups...", the document states, among other things.
What is provided for by Trump's directive?
The order issued by Trump states that drug cartels are a threat to US national security in a different way than "traditional organized crime."
As reported by Washington's NPR, the US government already has various legal mechanisms it can use to combat cartels. The media outlet states that this classification (declaring cartels as terrorist organizations) would further expand such options.
“NPR” writes that the most significant additional measure, according to experts, would be the possibility of filing charges for “material support to a terrorist organization.” Under US law, it is a crime to provide material support to an organization that has been designated as terrorist. Material support can include money, weapons, housing, forged documents, and even a phone card.
In the context of drug cartels, prosecutors could apply this measure to a wide range of actors, from cartel members to street gangs in the US that sell drugs to anyone who provides them with financial or logistical support, according to NPR. The implications of this directive could be far-reaching, NPR said.
"US companies that do business with Mexican companies controlled by cartels would be exposed to legal sanctions. Migrants often pay smugglers linked to cartels to cross the US-Mexico border. This could serve as a basis for US authorities to ban these migrants from entering the US."
On the other hand, former head of international operations at the US DEA (Drug Enforcement Administration), Mike Vigil, said in an interview with "NPR" that Trump's order will not change anything.
“Because all the measures that would be taken under this designation are already being implemented. First, it allows the US government to seize bank accounts and assets of these groups in the United States, but not abroad, only within the US. Second, it would sanction US citizens if they have any business ties to organizations that are designated as terrorist. And third, it would try to prevent these groups from entering the United States,” Vigil said, stating that all of this has been done for decades, and calling the directive “political theater.”
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