The Supreme State Prosecutor's Office (SPO) expects all competent institutions to make the necessary decisions in a timely manner and thus enable the smooth conduct of proceedings in the competent prosecutor's offices.
This was announced to "Vijesti" by the VDT, answering questions about how they view the fact that the Administrative Committee of the Parliament has not decided for almost five months on the request of the Higher State Prosecutor's Office in Podgorica to lift the immunity of a deputy from the New Serbian Democracy (NSD). Marko Kovačević, whether they consider this to be abuse and a violation of regulations, and whether they intend to take any action due to the parliamentary working body's failure to act in this case.
The committee, headed by a Europe Now (PES) MEP Jelena Nedović, ignores the request of the Higher Prosecutor's Office, even though that institution has in the meantime provided them with the requested copies of the case file, and then urged them to give approval for the criminal prosecution of Kovačević for the criminal offense of inciting national, racial and religious hatred.
The Supreme Prosecutor's Office reminds that the Higher Prosecutor's Office submitted a request to the Committee (on September 17 last year), and then an urgent request (on December 17), because the Constitution (Article 86) stipulates that criminal proceedings cannot be initiated against a parliamentarian, nor can he be detained without the approval of the Parliament, unless he is caught committing a criminal offense for which a penalty of more than five years in prison is prescribed. They state that the question of why the Committee does not decide on the request and the urgent request is not for the Supreme Prosecutor's Office, but for the parliamentary body.
"The Supreme State Prosecutor's Office will continue to instruct the competent state prosecutor's offices to submit urgent requests to all institutions that do not timely submit the requested data necessary for the further conduct of specific proceedings. At the same time, it expects all competent institutions to enable the smooth conduct of proceedings in the competent state prosecutor's offices by timely submitting the requested information and making the necessary decisions," the institution headed by the Supreme State Prosecutor said. Milorad Marković.
Nedović has repeatedly justified ignoring the Higher Prosecutor's Office's request by saying that they are waiting for it to submit an indictment against Kovačević. However, in order for the indictment to be filed, the criminal proceedings must be completed, and they cannot begin until the NSD representative's immunity is lifted.
Two weeks ago, on the show "Načisto" on "Vijesti" television, she said that the request from the Higher Prosecutor's Office is currently "not with the Administrative Board" and that it is "not being processed." She stated that the Board received the request from the Prosecutor's Office to lift immunity "in the form of a letter," and that it has never happened that a decision on immunity was made "without submitting the entire case file, in terms of the lawsuit."
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"Because the MPs who sit on the Administrative Committee always get to know each other, so that they can make a decision. I cannot make a decision based on what some media outlet published... We returned it, and when the prosecution delivers what is needed to the parliament - it goes down to the Administrative Committee as it always has, for each MP, and it will be resolved," said Nedović.
According to the show's editor Petar Komnenić that the entire case files were never sent to the Assembly, but only a brief explanation, and that the lifting of immunity is a prerequisite for raising an indictment, and to his question why a decision has not been made about Kovačević for months and whether requests regarding some people are being kept in drawers, the President of the Administrative Committee replied:
"... I am the only one in command of the Administrative Board. Let me tell you that right away. I am where I am... While I was at the head of this Board, all decisions were in accordance with the Constitution and the law...".
The Higher Prosecutor's Office has filed a case regarding Kovačević's speech at the 166th anniversary of the Battle of Grahovo in mid-June. At that time, as the mayor of the Nikšić Municipality, he declared that "those who do not want to be like brothers, but rather resemble Turks, will be treated like Turks." He said this while addressing "former rulers and their henchmen."
"... We will work to ensure that they too remember our old glory, that they too remember our ancestors, that they too offer up a prayer to God together with us, as we have offered it today and as the Christian warriors of the Serbian army of Montenegrins and Herzegovinians offered it at Grahovac 166 years ago... We will be patient, we will always wait with open hearts and open arms with the question - are we brothers? And if someone does not want us to be brothers, if someone wants to be more like the Turks, then we will treat them as we treat the Turks," he stated.
Kovačević then stated several times, including after giving a statement to the police in June, that he had not insulted anyone, nor had he threatened anyone, and that "everything else is a construction of those who make them."
If the parliamentarian against whom the prosecution is seeking criminal proceedings, i.e. the lifting of immunity, belongs to the ruling majority, it can outvote the minority and reject the proposal. This happened in March last year, when the Committee decided to propose to the legislative chamber not to grant approval to prosecute the Deputy Prime Minister and the Minister of Economic Development. Nika Đeljošaj (Albanian Alternative) may initiate criminal proceedings at the request of the Basic State Prosecutor's Office in Podgorica for the criminal offense of inciting resistance.
Request for a year in a drawer
The request regarding Kovačević is not the only one, but it is also not the one that has been in the Administrative Committee's "drawer" for the longest time - the immunity of Albanian Alliance MP Ilir Čapuni has been pending for almost a year.
Five days ago, the trial of former leaders of the Ulcinj Municipality, accused of illegal employment, was postponed in the Higher Court in Podgorica. The Special State Prosecutor's Office (SDT) is requesting that Capuni's immunity be lifted.
High Court Judge Vesna Kovačević said at the time that the Assembly had not responded to numerous letters from the SDT and the High Court.
Special Prosecutor Sanja Jovićević specified that she sent the last, third request for lifting Čapunija's immunity to Parliament Speaker Andrija Mandić (NSD) on February 11, and the first one on February 26 last year.
Last week, while appearing on "Prva Telezivija", Mandić said that "behind us" was what was "normal" during the three-decade rule of the Democratic Party of Socialists - "that you can arrest MPs, that you can 'put them in prison' without lifting their immunity...".
Nedović did not respond to "Vijesti"'s question about why the Committee is not lifting Čapunija's immunity.
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