Executive Director BIRN Montenegro, Vuk Maraš, appealed to the highest officials of the European Commission, NATO and the Council of Europe to demand from the Government of Montenegro to suspend the adoption of the draft law on the National Security Agency (ANB), because it seriously threatens democratic standards, the rule of law and human rights in Montenegro.
According to this non-governmental organization (NGO), in a letter In a letter to European Commission President Ursula von der Leyen, High Representative of the European Union for Foreign Affairs and Security Policy Kaja Kalas, EC Commissioner for Enlargement Martti Cos, NATO Secretary General Mark Rutte, Council of Europe Secretary General Alan Berset, and Council of Europe Commissioner for Human Rights Michael O'Flaherty, Maras warned that the law was prepared and proposed without proper consultation, transparency, or legislative guarantees.
"Key objections to the draft law include access to databases and information and communication systems without prior court approval, the application of certain secret surveillance measures without a court order, as well as the absence of any procedure for employment in the Agency. While we are aware that some democratic countries have such solutions in their systems, the Montenegrin context makes such discretionary powers particularly problematic," said Maraš.
"Taking into account these concerns, we kindly urge NATO, the European Commission and the Council of Europe to encourage or insist on the suspension of the adoption of the draft law in its current form, enable or require the implementation of a proper, participatory legislative process, and support the introduction of adequate judicial oversight, control and independent mechanisms to verify and respond to possible abuses," he added.
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Over 20 leading non-governmental organizations, in several public statements, called on the Government of Montenegro to withdraw the draft Law on the National Security Agency (NSA) from the procedure, in order to bring it into line with the Constitution and international standards. They warned that the draft law gives the Agency the authority to access, without any supervision, databases of state bodies, local self-government bodies, legal entities and “other entities”, thus leaving the protection of personal data at the discretion of NSA officials.
Maraš recalled that the draft law was adopted at an electronic session of the Government, without a public debate, so that the Parliament, without serious consideration, would adopt it by the end of July. He warned that the Government's intention is to further strengthen the secrecy of the Agency's work, without clear reforms that would strengthen parliamentary or judicial oversight, as well as without independent mechanisms for verifying and responding to possible abuses.
"The Agency already operates within a legal framework that gives it broad powers to monitor and collect intelligence. However, previous legal and institutional guarantees have proven insufficient to prevent abuses. This is why significant cases are currently being brought before the courts for unlawful surveillance of civil society, the opposition and the media, without proper judicial approval, including proceedings against the former director of the Agency. In addition, several individuals have already won cases against the state of Montenegro for campaigns illegally organized by the previous management of the Agency," Maraš said.
He also recalled that the ANB has never undergone a systemic reform and vetting process of the existing staff, emphasizing that the accountability of employees who participated in illegal actions has not been established. Maraš believes that granting new discretionary powers to an institution that is under political control and has professional shortcomings goes directly against the interests of the Montenegrin public and future reforms.
Maraš recalled that BIRN pointed to abuses and violations of citizens' rights in the report "Surveillance and Censorship in the Western Balkans".
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