By delegating the state prosecutor suspected of domestic violence to the working group for amendments to the Law on Protection from Domestic Violence, the Prosecutor's Office is belittling the previous efforts to combat this phenomenon, according to the executive director of the Center for Women's Rights (CŽP), Maje Raičević.
She said that at the meeting of the Working Group of the Ministry of Justice for the preparation of Draft Amendments to the Law on Protection from Domestic Violence, of which she is a member, three days ago the state prosecutor, who is suspected of domestic violence, participated.
"I express a strong protest against this phenomenon, which not only negates all the efforts we undertake to ensure the safety and protection of victims of violence, but also sends the wrong message to the public," Raičević said in a response supported by other non-governmental organizations.
As she said, the Basic State Prosecutor's Office (ODT) in Nikšić has been conducting an investigation for more than a month against the aforementioned prosecutor due to suspicions that on May 3 he was violent towards his wife, to whom, according to the media, he also caused physical injuries.
Raičević, in her response to the Supreme State Prosecutor's Office (VDT), the Prosecutorial Council (TS), the Ministry of Justice and the Council of Europe, stated that she was concerned by the fact that the State Prosecutor's Office delegates as its representative a prosecutor to work on the law sanctioning domestic violence is suspected of such an act.
She said that neither the prosecutor's office nor the Ministry of Justice, nor the present representatives of the judiciary, did not see a conflict of interest in this, but continued to work even after she pointed out the problem and left the working group meeting in which the aforementioned prosecutor participated.
"Therefore, only I, the representative of the NGO representing the victims, dispute the fact that the misdemeanor Law on protection against domestic violence is amended and improved by the suspect of domestic violence," says the response.
Raičević said that the media, referring to sources in the police, stated that the state prosecutor also committed violence against the same person in 2021, but the prosecution did not prosecute that case.
"I believe that the prosecution, by delegating a suspect of domestic violence to the mentioned working group, belittles the previous efforts to suppress domestic violence, the fragile results of which were further undermined by such a procedure," the reaction says.
It is stated that, in earlier addresses to the VDT and TS, the CŽP pointed out remarks that the actions of the State Prosecutor's Office are not in accordance with international standards and the Instructions of the VDT on handling cases of domestic violence.
Raičević said that the Istanbul Convention obliges Montenegro to refrain from participating in any act of violence against women and ensure that state bodies, officials, employees, institutions and other actors acting on behalf of the state act in accordance with this obligation.
"In addition, the Instruction on Prosecution Procedures clearly stipulates the urgency of dealing with cases of domestic violence, and the Code of Criminal Procedure stipulates that in abbreviated proceedings, the decision on criminal charges must be made within a month at the latest," the reaction says.
That deadline, as stated, has largely expired, and the prosecution has not yet made a decision.
Raičević emphasized that she is particularly concerned about the absence of protection for victims, even in a situation where one of them is a state prosecutor.
According to her, such double standards against men and women, in addition to representing institutional discrimination, hinder victims' access to justice and send a bad message to all those who suffer any form of violence and expect impartial and effective prosecution.
"I repeat the earlier requests that the CŽP sent to the VDT and TS on May 30 of this year, by which we ask for an urgent, impartial and effective investigation in the case of domestic violence suspected by the state prosecutor," said Raičević.
She said that she expects VDT and TS to be clearly defined according to this response.
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