Vukčević: Limited effects of reforms in the judiciary

The effects of a series of reform laws adopted in the last two years, which are supposed to improve the work of the judiciary, prosecutors, and the fight against corruption, remain limited and insufficiently visible in practice.

This is stated in the analysis of the Center for Civic Education (CCE) "The State and Directions of Development of the Judiciary in Montenegro".

The analysis, authored by Ivan Vukčević, coordinator of the Human Rights program at CCE, assessed that the Montenegrin judiciary continues to function at the crossroads of formal progress and essential weaknesses.

As announced by the CCE, this document clearly indicates that normative progress has not been accompanied by appropriate implementation.

"Key problems - insufficient independence, weak efficiency and limited accountability - continue to burden the functioning of the judicial system and undermine public trust," the analysis points out.

It is also stated that political influence remains pronounced, especially through the method of selecting members of the Judicial and Prosecutorial Councils, but also through public pressure on judicial office holders.

Vukčević stated in his analysis that judicial independence implies the real institutional autonomy of courts and prosecutors' offices in relation to the executive and legislative branches.

"It is equally important that the Judicial Council and the Prosecutorial Council are regulated in accordance with international standards, and that they have appropriate human and technical resources, because independence begins with the manner of election and working conditions of office holders," Vukčević explained in the analysis.

It is emphasized that the duration of court proceedings remains a particular challenge, and that lengthy processes, frequent delays and insufficient coordination between the judiciary and the police lead to a serious slowdown in justice, which directly violates the right of citizens to a trial within a reasonable time.

The analysis recalls that there is widespread and prolonged use of detention, which is contrary to international standards.

As stated, this is also warned of by the Preliminary Observations of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from last year, which states that more than half of the prison population in Montenegro consists of detainees (56 percent), whose number has doubled compared to 2022.

"This trend not only burdens the system, but also seriously questions the protection of human rights," warned Vukčević.

CCE therefore appealed to decision-makers to use detention exclusively as a measure of last resort, and to abandon the idea of ​​extending its maximum duration.

The analysis also points to the problem of uneven transparency, as well as harmful practices of leaking information from investigations and selective informing the public, which undermine the integrity of proceedings and the principle of the presumption of innocence.

"Among the significant challenges are the material and human resources capacities of the judiciary, which are characterized by low salaries, a lack of professional staff and inadequate infrastructure conditions, which reduces the system's resilience to external pressures and makes professional and independent action more difficult," the CCE statement said.

As stated, although new ethical codes and strategic documents have been adopted, their implementation remains uneven, and without clear institutional responsibilities established, these mechanisms cannot produce the necessary changes.

"The selectivity in addressing cases of great public interest is particularly worrying, which directly undermines citizens' trust in the judiciary, and in that section, specific examples of such practice are also pointed out," it added.

The analysis also pointed out the insufficient action taken by the prosecution upon the negative findings of the SAI, which further undermines the accountability of the institutions.

The document also questions the idea of ​​so-called vetting, warning that such processes require careful design so as not to further destabilize the already fragile judicial system.

"The analysis also recognizes certain positive developments, such as the adoption of strategies and guidelines aimed at improving the efficiency of investigations, protecting victims and increasing transparency, but emphasizes that these developments must be systematically and fundamentally implemented," the statement said.

It is stated that the 15 conclusions and recommendations provide a kind of roadmap towards strengthening the independence, accountability and efficiency of the judiciary, with the necessity of moving from superficial to in-depth reforms.

Vukčević said that priority measures include constitutionally strengthening the independence of the judiciary, improving efficiency through better case management, clear demarcation and consistent application of responsibilities, limiting the use of detention in accordance with standards, as well as increasing transparency and institutional capacity.

"The key challenge remains the transition from normative harmonisation to consistent and impartial application of the law, as reforms will be measured solely by results, which are currently lacking. Without this, progress in the area of ​​the rule of law will remain limited, and citizen trust will continue to decline," said Vukčević.

CCE called on decision-makers to use the findings and recommendations from this document as a basis for real judicial reform, but also on all social actors to contribute to an open, reasoned and responsible discussion about its future.