Transfer of judges ended with prosecutors?

The Network for the Affirmation of the Non-Governmental Sector (MANS) suspects that the Judicial Council, headed by the president Vesnom Simović Zvicer, contrary to the law, made a decision to send two judges of the Nikšić Basic Court to Podgorica.

The Judicial Council, however, claims that they respected the Law on the Judicial Council and the rules of procedure of that institution.

From MANS, based on the available documentation, they also claim that the decision to temporarily transfer two judges to Podgorica was made despite the warnings of the president of the Nikšić court, that one of them passed at least one judgment in Nikšić even though he already worked in Podgorica, but also that he was permanently transferred to the Podgorica court, even though he did not meet the legal requirement, i.e. three years of work in the previous position.

According to the knowledge of MANS, the Agency for the Prevention of Corruption was also informed about this case, which has already sent a report to the competent state prosecutor's office.

"We expect that they will react very quickly and have concrete answers, especially since it is the highest judicial instance...", said the non-governmental organization.

"Vijesti" is waiting for answers from the Agency for the Prevention of Corruption and the Special State Prosecutor's Office.

An oversight or error by the Judicial Council

According to the documentation obtained by MANS, the Judicial Council informed the President of the Basic Court in Nikšić on April 21 last year. Vukot Vujačić that at the session held that day, they assessed that two judges of that court, Mirza Ademović i Vanja Vujović, should be temporarily sent to Podgorica.

However, in the minutes of that session, there is no discussion regarding that case, and that issue, according to MANS, was not even on the agenda.

"This is also denied by the Decision made on May 18, 2022 by Simović Zvicer on behalf of the Judicial Council, in which it states that the two judges are referred to the Basic Court in Podgorica based on the conclusion of that body. In that decision, it states that the Judicial Council concluded at the session of May 18 that "it is expedient to make a decision on the temporary assignment of Mirza Ademović and Vanja Vujović, judges of the Basic Court in Nikšić, for a period of up to one year to the Basic Court in Podgorica", they claim. in MANS.

They point out that the minutes from that session, published on the website of the Judicial Council, show that it was not decided on the temporary assignment of any judge to the Basic Court in Podgorica, but it was noted that the list of candidates for the permanent assignment of judges to other courts "because registered candidates do not have work results in the last three years, that is, they do not have a work evaluation".

Responding to those claims, the Judicial Council said that at the 15th session, held on April 29.04.2022, XNUMX. the letters of the presidents of the two courts were considered, as well as the addresses of the judges of the Basic Court in Nikšić Ademović and Vujovićeva, as well as that the Council postponed the decision on the referral to the Podgorica court for the next session after the discussion.

They claim that the decision on the temporary assignment of two judges was made at the next, 16th session held on May 18.05.2022, XNUMX, but that it was not stated in the minutes due to an oversight, through an amendment to the agenda.

"According to Article 21 of the Rules of Procedure of the Judicial Council, a decision was made if the majority of all members of the Judicial Council voted for it, which was actually respected. The Judicial Council can, with the consent of the judge, refer to another court of the same or lower level for a period of up to one year, among other things, due to the existence of a large number of pending cases that cannot be resolved with the existing number of judges, or due to justified reasons, the regular performance is called into question affairs in the court to which the judge is referred", the response of the Judicial Council states.

MANS believes that the Council's explanation is frivolous.

"They say that at the session they decided on the appointment of judges, without changing the agenda. The problem is that they did not state this in the minutes, even though the law stipulates that decisions can only be made by the judicial council and at the session. If there is no such thing at the session, they had time to correct and supplement the minutes, especially bearing in mind that a press release was also published from that session", according to MANS.

The president of the Nikšić court warned the Council

According to MANS documentation, the president of the Basic Court in Nikšić unsuccessfully opposed the transfer of judges to Podgorica. Vukota Vujačić, who sent a letter to the president of the Judicial Council stating that by transferring Ademović and Vujović, "there would be more damage to the Nikšić Basic Court and to the parties in longer cases than it would benefit the Podgorica Basic Court."

Vujacic warned that if the two judges were to be transferred to Podgorica, the hearing would be postponed, and the parties would be harmed when it comes to the principle of trial within a reasonable time, which would lead to the submission of so-called control requests and damage to the state. MANS claims that the Council completely ignored Vujačić's warnings.

Ademović (illegally) handed down judgments in Nikšić

MANS documentation shows that after being referred to the court in Podgorica, judge Mirza Ademović rendered at least one verdict in a case in which he acted as a judge of the Basic Court in Nikšić.

According to a letter from the president of the Nikšić court dated June 7, 2022, the cases handled by judges Ademović and Vujović were assigned to work by other judges, and the hearings were postponed.

"However, two days later, judge Ademović delivered a verdict in case number P.br.1310/20, in which he previously acted, while he was a judge in the Basic Court in Nikšić," according to MANS.

In the Judicial Council, according to the answer submitted to "Vijesti", they do not see anything controversial in this.

"Regarding the finding that Judge Ademović delivered a verdict in the Basic Court in Nikšić three days after he was sent to the Basic Court in Podgorica, Judge Ademović submitted a statement that as a judge he was sent to assist the Basic Court in Podgorica, but that he remained in charge of the cases in which the proceedings led to judgment (cases in which the main hearing was concluded), so there were no legal obstacles for him to complete them, because by function he was still a judge of the Basic Court in Nikšić", states the response of the Judicial Council.

Is the condition for permanent referral met?

On May 18, 2023, the Judicial Council decided to permanently transfer Judge Ademović to the court in Podgorica, even though he did not meet the legal requirements, according to MANS.

They remind that Article 86 paragraph 3 of the Law on the Judicial Council and Judges clearly prescribes that the Judicial Council compiles a list of candidates for assignment according to the results of work in the last three years, that is, "according to the evaluation of the judge's work in accordance with this law".

"According to the letter from the President of the Basic Court of Nikšić to the Judicial Council, Judge Ademović could not be evaluated, because he did not fulfill the requirement of three years of work in that court, since he started working on March 4, 2020, and was transferred on May 18, 2022. in the Podgorica Basic Court", according to MANS.

The Judicial Council responded to "Vijesta" that Article 83 of the Law on the Judicial Council and Judges prescribes a procedure for the temporary assignment of a judge to another court, where work results are not valued, while the procedure for permanent voluntary assignment of judges is prescribed in Article 86, and in that case the results of the judge's work in the last three years or the evaluation of the judge's work are evaluated.

"The judicial advice was given on 03.04.2023/01/2118. published an internal advertisement for the filling of two judge positions in the Basic Court in Podgorica, number: 23-05.05.2023/XNUMX, by voluntary transfer of a judge from one court to another. Three candidates applied for the advertisement. The commission for permanent voluntary deployment is XNUMX. considered the applications and concluded that the applications of two judges Ademović and Vujović were timely and complete, while the third judge did not meet the requirement of at least three years of judicial experience. "Deciding on the ad in question, the Council made a decision to permanently assign Judge Ademović to a vacant position in the Basic Court in Podgorica, not to assign Judge Vujović and to reject the third application," the response reads.