The report on the work of the Prosecutorial Council and the State Prosecutor's Office for 2024 did not receive the support of the Parliamentary Committee for the Political System, Judiciary and Administration.
The Chief State Prosecutor announced that he will always appear in parliament when invited.
Chairman Vladislav Bojović said that the prosecutor is obliged to appear, and that representatives of that body were summoned for a control hearing regarding the statute of limitations in the "Telekom" case, but that they did not respond.
Marković responded that they acted in accordance with the Constitution and the law in the case itself, but also that these legal acts do not allow parliament to deal with specific cases because, in that way, it would "assume jurisdiction."
The head of the Europe Now Movement (PES) parliamentary group, Vasilije Čarapić, announced that the prosecution's work had led to the statute of limitations, and that the purpose of the control hearing was to answer questions about how the prosecution had led to this.
He pointed out that one cannot talk about the case, because the Government has reopened it, but that the point was to talk about why it was brought to the statute of limitations.
Marković responded that everything has been made public - when and how the statute of limitations expired, and that the Disciplinary Council of the Prosecutorial Council is tasked with determining whether there are elements to initiate disciplinary or criminal proceedings.
Bojović pointed out that one of the assembly's control mechanisms is the control hearing.
Marković responded that the hearings could not concern individual cases.
Explaining the report on the work of the prosecution, Marković said that a particular problem remains the unfavorable spatial capacities. He pointed out that the issue of insufficient equipment also remains.
As he pointed out, in the State Prosecutor's Office, in the reporting period, a total of 22.225 cases were formed, and that with 13.0921 cases from the previous period, a total of 35.317 cases were in progress (in 2023, 32.854 cases, in 2022, 32.056 cases, in 2021, 31.784 cases).
"During 2024, a total of 21.315 cases were resolved (in 2023, 19.839 cases, in 2022, 19.083 cases, in 2021, 19.451 cases), which indicates an increase in the number of cases formed by 10,10 percent compared to the previous year. The indicator of the success of resolving the influx of cases in 2024 is 95,90 percent. State prosecutors participated in main hearings before first and second instance courts and sessions before second instance courts, in 17.318 hearings and sessions. In terms of the balance of achieved results, the percentage of confirmed indictments in the judicial review procedure is 95,97 percent from the jurisdiction of basic and higher prosecutor's offices," Marković read.
When it comes to indictments of the Special State Prosecutor's Office, of which there were a total of 23 against 158 individuals and 5 legal entities, seven indictments against 72 individuals were returned for additional investigation or to eliminate deficiencies and errors in the indictment.
"Three indictments of the Special State Prosecutor's Office against 34 persons were returned for additional investigation, of which two indictments against 33 persons were resubmitted to the court, while one indictment against one person was returned for additional investigation and is still under consideration. Three indictments against 37 persons were returned to eliminate deficiencies. Two indictments against 23 persons were resubmitted to the court, while one indictment is still under consideration," said Marković.
Marković pointed out that procedures were established in the previous year that will standardize the practices followed by basic and higher prosecutor's offices.
"Of particular importance are cases of domestic violence, attacks on journalists and torture," he explained.
Nikola Rovčanin (Democrats) said that trust in the prosecution is growing, but that it is concerning that some defendants in important cases are released after three years, because there are no first-instance verdicts, and asked whether it is necessary to extend detention.
Marković responded that there is an abuse of procedural powers to delay court proceedings, so that the defendants are released after the three-year period has expired.
"My position is that the law should be changed, where after three years for the most serious crimes the rule of justification for detention would be applied, rather than automatic detention," he explained.
The head of the Democratic Party of Socialists (DPS) parliamentary group, Andrija Nikolić, pointed out that Marković constantly says that he is transparent, and that his and Novović's predecessors - Ivica Stanković and Milivoje Katnić - came to parliament much more often.
He pointed out that Marković was elected to the Parliament and is accountable to the MPs, and the prosecutor's office is not the fourth branch of government.
"I responsibly claim that there is no prosecutor in the prosecution who can accuse someone from the Serbian Orthodox Church. Today, the Serbian Orthodox Church holds power in Montenegro," Nikolić said, adding that the prosecution has been politically instrumentalized "for the purpose of persecuting those who disagree with the current government."
Marković said that he could not attend the hearings, because the independence of the prosecution would be jeopardized if MPs could summon them separately for each specific case.
Marković said that the prosecutor's office has been the target of heavy criticism from politicians in recent years, with the clear intention of portraying it in a negative light, thereby undermining trust in the work and cases that prosecutors have in their work.
"We will strive to continue working in accordance with the Constitution and the law. The Prosecutor's Office does not act in relation to political entities, professions, individual persons or groups. The Prosecutor's Office looks at the facts and acts equally in relation to everyone," said Marković.
Čarapić emphasized that the PES will support the prosecution's report on its work.
"We cannot say that the Special Prosecutor's Office, where one Vladimir Novović is working on perhaps the most complex cases in Europe today, has no results," said Čarapić.
He added that financial investigations are the future of the fight against organized crime.
"I don't think that has taken root yet. Citizens are seeking justice, the sense of justice is not at a high level. PES supports the work of the prosecution, if necessary and there is a basis, let them investigate people in our ranks, and I am sure there is none. We will not protect anyone. Everyone who has committed a crime should be held accountable before the law. These are differences in values. I think the prosecution is making progress and I believe that my colleagues from the judicial system understand that citizens want justice, not protection for certain privileged individuals," said Čarapić.
Jovan Vučurović from the New Serbian Democracy (NSD) pointed out that his party is not putting pressure on the prosecution, but that he hopes they are not under pressure from "old cadres".
He asked about cooperation with Croatia, particularly on the issue of the Lora camp, saying that agreements with that country's prosecutor's office have been revised to ensure that witnesses have equal treatment and protection in both countries.
Marković pointed out that the cooperation between the Montenegrin and Croatian prosecutors envisaged that it would only apply to crimes committed by Montenegrin citizens, but that a request for an annex to the agreement had been sent, and that this document did not limit the implementation of international laws.
Bosniak Party (BS) MP Jasmin Ćorović announced that his political party has been voting against this prosecutor's office for years, due to the lack of "results on war crimes."
Bojović announced that the prosecution still needs to be reformed and purified.
"My colleague Andrija Nikolić wondered whether you have the authority to prosecute SPC priests, and I wonder whether you have the authority to prosecute Milo Đukanović, especially in the context of the statute of limitations in the 'Telekom' case," he asked.
Marković said that the prosecution has 110 prosecutors, and a number have already been indicted and suspended.
"We have no problem indicting state prosecutors, you can see that for yourself," he said.
He added that the prosecution does not personify anyone when it begins proceedings, but rather from the starting point of evidence and the law.
"It is clear to me that there is one side that wants to prosecute the other and vice versa, but we will act in accordance with the evidence and the law, whoever it is," said Marković.
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