The European Union strongly warns that any form of political interference or public pressure on prosecutors undermines the rule of law and citizens' trust in institutions, the EU Delegation in Podgorica said yesterday.
The Delegation told "Vijesti" that the EU strongly regrets the public statements made by MPs during the debate on the annual report on the work of the Prosecutor's Office, including direct calls for the resignation of the Parliament's leadership.
"These events, including the recent incident regarding the Parliament's request to hold a control hearing of the Supreme State Prosecutor and the Chief Special Prosecutor in the 'Telekom' case, raise serious concerns about possible inappropriate political influence on the autonomy of the State Prosecutor's Office in Montenegro," the Delegation said, responding to questions about their view of the harsh criticism of the Supreme State Prosecutor at the Parliament session on Thursday. Milorad Marković sent by the President of Parliament Andrija Mandic and whether this is a form of pressure on the prosecutorial organization.
On Thursday, during a discussion on the State Prosecutor's Office Report for last year, Mandić called on Marković to resign, criticizing him, among other things, for "dealing with other things" and for the institution trying to unconstitutionally become the "fourth branch of government."
Independence of the judiciary and autonomy of the prosecutor's office are pillars of the rule of law
The EU Delegation recalls that the separation of powers, the independence of the judiciary and the autonomy of the State Prosecutor's Office are fundamental pillars of the rule of law and key requirements in Chapters 23 and 24.
"Although constructive public criticism of any institution, including the prosecutor's office, is normal in a democratic society, political actors, especially those in the highest positions, should refrain from statements that could be perceived as attempts to influence prosecutorial decisions, as well as from commenting on specific cases that are still in the investigation or court proceedings phase," the Delegation said.
They add that the Prosecutor's Office must be able to act autonomously and in full compliance with the Constitution and the Law on the State Prosecutor's Office.
"Montenegro's progress in the EU accession process depends on continued progress in rule of law reforms and ensuring that previously achieved results are preserved," the Delegation said.
Mandić said in the Parliament that the VDT should have the support of two-thirds of the deputies, and that if it loses it, it should resign.
"I expected you to do something for Milo Đukanović, Aca Đukanović, Gvozdenović Dam, Predrag Bošković"... You're not allowed to say anything, and here you're dealing with cats," said Mandić.
He also said that he was the decisive politician who decided that Marković should become the Supreme State Prosecutor, explaining that he did so because he knew his father and thought that he would "be like him - determined, brave and persistent."
Marković replied that the prosecution would not act under political, interest-based or other pressures and that the case would be processed "to the extent possible."
"The expectations are that I will change all the shortcomings in the prosecution in a year and eight months, which is not realistic. Obviously, there are political and other spheres that expect some cases to be acted upon, and others not," said Marković.
He said that his "face is more important than his chair" and called on MPs to freely initiate the procedure for his removal if they are not satisfied with his work.
He reminded that 25 MPs are enough to initiate proceedings.
Mandić's cabinet did not respond to questions from "Vijesti" about whether they would initiate Marković's dismissal, given that he had said he would not resign.
Mandić's New Serbian Democracy (NSD) and Democratic People's Party (DNP) Milan Knežević Together they have 13 MPs, which means they need the support of the Democratic Party of Socialists (DPS), even if the initiative is signed by the Bosniak Party (six MPs).
Marković was elected as the Supreme Prosecutor General in late January by secret ballot. His election in the Assembly was supported by 61 MPs from the ruling majority, minority parties and some opposition parties.
On Thursday, Mandić also harshly criticized his colleagues from the Europe Now Movement (PES) who announced that they would support the prosecution's report, unlike the NSD and DNP.
The opposition DPS, as they announced, will not vote for the report, while the ruling Bosniak Party said they would abstain, dissatisfied with the resolution of war crimes cases.
A source for "Vijesti" from the Prosecutor's Office previously said that some government deputies probably find the conduct in cases against them questionable. Danilo Mandic (nephew of Andrija Mandić), President of the Municipality of Nikšić and NSD official Marko Kovačević, then in the cases of Gornje Zaostro and "State Coup". Government MPs are also dissatisfied with the prosecution's actions in the Telekom affair, which is why, according to "Vijesti", the PES was close to not supporting the prosecution's report, but that the latest developments and the arrest of the businessman Ac Mijajlović alleviated their dissatisfaction.
Majority MPs protested on Monday when Marković, the chief special prosecutor Vladimir Novović and acting prosecutor Ana Perović Vojinović, did not come to the session of the Parliamentary Committee for the Political System, Judiciary and Administration, whose agenda included a control hearing on the Telekom affair.
In that case, after more than six years of waiting, the SDT dismissed the criminal complaint filed by the Network for the Affirmation of the Non-Governmental Sector (MANS) against the former head of state. Milo Đukanović, his sisters Ana Đukanović and several other individuals suspected by the non-governmental organization of abuse of official position, accepting bribes, and creating a criminal organization.
MANS then submitted an objection to the Supreme State Prosecutor's Office, but that institution also assessed that the SDT had made a correct and lawful decision. Chief Special Prosecutor Vladimir Novović submitted a proposal to the Prosecutorial Council at the end of September to establish disciplinary liability against the suspended special prosecutor Saša Čađenović, because he did not act within the legal deadlines in the Telekom case.
The MANS report states that Đukanović and others are charged with "organizing a criminal group, using the economic and business structures of Montenegro, and influencing the executive branch to ensure that the Government enabled Hungarian Telekom to purchase minority shareholders' shares on more favorable terms and thus acquire two-thirds of Telekom's shares, which was a condition for purchasing the state's share package in the company."
In early October, at the proposal of the National Anti-Corruption Council, the government decided that the state, as the injured party, would undertake the prosecution of the perpetrators of criminal offenses in the case of the privatization of Telekom Montenegro, as a subsidiary prosecutor, based on Article 59 of the Criminal Procedure Code.
Vujović: Mandić aims for full control over the Prosecutor's Office
The president of the Social Democratic Party (SDP) and one of the leaders of the European Alliance, Ivan Vujović, assessed yesterday that, after disciplining coalition partners, Mandić is aiming for full control over the Prosecutor's Office.
"Mandić is losing his temper and that's why he showed his true instigator face in parliament. He almost called on his war comrades to dig out their weapons and go on a campaign against the VDT again. It's not said that he won't do it next time," Vujović wrote on the social network X.
According to him, "such a manifestation of arrogance, force and pressure on an institution that is supposed to be independent has never been seen before."
"We also know why - no matter how much the Prosecutor's Office turns a blind eye to the government's scandals since August 30, 2020, the fact remains that, despite a number of shortcomings in their actions, almost all of Mandić's municipal presidents are under prosecutorial suspicion for serious crimes, and that the 'coup d'état' case is still alive, as are the cases of 'Danilo Mandić' and the beating of the mayor of Budva by Mandić's thugs," Vujović said.
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