End for the special

Milivoje Katnić is no longer the chief special prosecutor - after 2.432 days spent in that position, the members of the Prosecutor's Council stated that his mandate was terminated because he fulfilled the legal requirements for retirement.

Several days of convulsive struggle with announcements, correspondence, numerous requests for the exemption of members of the TS, but even the stormy visit to the Extended Session of the Supreme State Prosecutor's Office the day before yesterday did not help the GST to keep its seat for a while longer.

A former military officer and long-time judge of the Court of Appeal was elected to the post of GST on June 23, 2015, and from June 26, 2020, Katnić spent his second term as the head of the special state prosecutor, but his termination of office was determined based on a letter of the PIO Fund, which stated in the notification that "he has acquired the conditions for an old-age pension because he has 41 years and 4 months of service"...

With the votes of TS members - Acting VDT Maja Jovanović, prosecutors Tatjana Begović and Nikola Samardžić, as well as representatives of distinguished lawyers Borivoj Đukanović, Filip Jovović, Miloš Vuksanović, and NGO member Steve Muk and the Ministry of Justice, Human and Minority Rights Andrej Milović, the era of the first Montenegrin GST ended.

TS member Siniša Gazivoda, in order to, as he said, "relax Katnić and his suspicion of revenge", agreed with the GST's request to be exempted during the decision on his professional fate, which was later accepted by the acting VDT by Maja Jovanović.

The prosecutors Sanja Jovićević and Đurđina Nina Ivanović voted not to terminate Katnić's mandate, who during the four-hour session of the Supreme Court explained that the Law on Amendments to the PIO Law is discriminatory and that one should first wait for the end of the administrative dispute, which is being fought over benefited seniority during Katnić's military service, and only then to make a decision on stating the termination of office.

The prosecutor's council terminated the mandate due to the fulfillment of the conditions for an old-age pension, and according to Article 17, paragraph 1 and 2 of the PIO Act, it stated to the prosecutors - Radmila Ćuković, Vesna Jovićević, Milica Rmandić, Olivera Ražnatović, Suzana Milić, Milivoj Tomčić, Feriha Muratović, Hajran Kalač and Božidarka Gačević, who were terminated by the votes of nine members of that body. Only plaintiffs Jovićević and Ivanović were against such a decision.

TS made the decision to announce a public call for the new GST today, because the importance of that function cannot wait for the adoption of the Plan for vacant prosecutor positions.

Until the election of the new GST, Katnić will be replaced in the SDT by special prosecutor Saša Čađenović.

Conclusion, then...

At the beginning of the TS session, the acting VDT introduced the members of that body to the conclusions of the Extended Session of the Supreme State Prosecutor's Office, where she announced that they "remained consistent with what the former TS, the Association of Prosecutors, the state prosecutor's organization in in relation to Article 103 of the Law on State Prosecution".

"The conclusion is that we should not support the decision, which will state to the prosecutors the termination of their functions by fulfilling the conditions for an old-age pension, because the application of such a decision would be contrary to the Constitution, the principles of the Convention on Fundamental Human Rights and Freedoms, the Convention on the Elimination of All Forms of Discrimination against Women," she read. Jovanović, who stated that she did not testify at the session, and that prosecutor Jelena Đaletić expressed her opinion.

"It was unanimously adopted that the PIO Fund's letter cannot be the basis for termination of office," Jovanović read.

The reading of the opinion from the extended session of the VDT caused a moment of silence and commotion among the members of the TS, who come from outside the prosecutor's organization, and then Gazivoda said that "he perceives it as a form of pressure on members from the prosecutor's organization", because how stressed that "there some bodies are deliberating on how to vote in TS.

"It's tasteless and it's a pressure," said Gazivoda.

The head of the VDT clarified that the top prosecutor's office has the right to deliberate on important issues and that "this does not mean that pressure was put on anyone, nor was it done".

And Stevo Muk reacted by stressing that it is wrong for them to receive the conclusion from the extended session of the VDT only at the TS session.

"I think it was correct that you informed us about it in advance, but this raises many questions - who are the people who participated in that session and whether they are really impartial in relation to this issue. We learned from the media that one of the prosecutors to whom the decision refers also participated in the session, and I'm telling you now that I see this as a form of pressure, and it raises doubts as to whether he influenced the formation of the conclusion", said Muk.

Prosecutor Ivanović said that she believes that it is unnecessary for the TS session to be "burdened with the conclusions of the extended session of the VDT".

"My colleague Katnić attended that session, he did not bring any documentation, he left the session earlier and was not present when the conclusions were formed", said Ivanovic, stressing that "she did not see it as pressure to make a decision".

The administrative dispute is still ongoing

During the session, prosecutor Jovićević repeatedly presented the data, which GST published on the website of the SDT during the day, about the facts surrounding the conduct of the proceedings and the administrative dispute, which has not been concluded, whether or not he was paid or not with benefits for the length of service during his military service.

"The administrative dispute is still ongoing, and from the material it can be seen that there are no such payments on contributions. Therefore, these data from the PIO Fund are not precise, and I think that for Katnić, as well as for other colleagues, this data that we received should have been additionally checked", insisted Jovićević.

The Acting VDT was clear that TS is not obliged to lead an administrative dispute, but to state the termination of the mandate.

In a lengthy presentation, Prosecutor Ivanović stated the legal reasons why prosecutors should not be terminated from their mandate, stressing that the Law on PIO is particularly "discriminatory in relation to women - prosecutors".

That the TS's job is to "determine the mandate due to the fulfillment of the conditions for an old-age pension" were clear statements from all members of that body, outside of the prosecutor's organization, and that GST will only miraculously remain in the chair, it was clear after a short presentation by prosecutor Begović.

She emphasized that "according to the list of the PIO Fund, she noticed that the legal norms are discriminatory, but regardless of that, she believes that the law, whatever its shortcomings, must be respected."

Katnić's mandate as a prosecutor just ended yesterday, according to the law, he can perform other duties in this or that institution.

Abazović: Good news, but no witch hunt

Deputy Prime Minister Dritan Abazović said that it is great news for Montenegro that GST Milivoje Katnić was dismissed.

"The fight against organized crime and corruption becomes meaningful," said Abazović.

He stated that Montenegro can reconcile because political monopolies have disappeared and it has professional institutions, and despite the obstacles that politicians and NGOs, and critics and the mafia and people who want to keep Montenegro captive, still show that its path is according to the rule of law is meaningful.

"No one has anything against Katnić, but everyone wants to see a new GST that will fold the sheet." I expect that TS, when all the conditions are met, will announce a competition and choose a new special prosecutor who will be a professional. It is now clear to everyone that consensus is possible. I think that with this decision we have created a good basis, citizens have been waiting for this for a long time, I'm sorry for the delay", said Abazović.

He added that "there are no personal confrontations here, nor witch hunts."

"Let's get together and make a big step forward. Thanks to those who prevented this from happening as soon as possible. For Montenegro, very soon it will be stated in a Progress report (report of the European Commission) that justice has started to function", said Abazović and continued:

"If Milivoje Katnić thinks that he should be above all institutions because he is supported by some media, some politicians and some people from the underground, then we have a structural error, which I do not want to attach more importance to. I am happy with the result of 8-2, because the whole time there was the perception that some new majority, which was elected in the parliament, would be the tip of the scales in all decisions. That is not so. His colleagues also voted for his retirement. I respect the position of the prosecutors who thought otherwise, but allow others to exercise that right. "Whose rights are threatened has a court, but we cannot be prisoners of Katnić or anyone else in the country," said the Deputy Prime Minister.

Krivokapić: The DPS lawyer is retiring

Prime Minister Zdravko Krivokapić welcomed, as he says, the conscientious action of the new Prosecutor's Council, which at today's session dismissed the functions of Chief Special Prosecutor (GST) Milivoj Katnić.

"Today the greatest protector and lawyer of DPS retires. Justice is finally in sight in Montenegro," Krivokapić wrote on Twitter.