The Association of Judges of Montenegro announced that it considers it inadmissible that the Vice President of the Government of Montenegro and the Minister of Economic Development, Nik Đeljošaj, can give himself the right to express unfounded opinions and judgments about the judge acting in the proceedings against him.
Đeljošaj again accused the prosecutor Ivana Petrušić, judge Ivana Becić and TV journalist Danilo Ajković of settling accounts with him and of being corrupt.
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"The Association of Judges of Montenegro, on the occasion of the statement of the defendant Nik Đeljošaj, against whom proceedings are being conducted before the Podgorica Basic Court for the criminal offense of invoking resistance from Article 378 of the Criminal Code of Montenegro, believes that it is necessary to react, not only for objective information of the public, but also in order to protect the independence of the judicial branch of government and the integrity and independence of the judicial function. The media space in Montenegro is, for the most part, left to individuals, who with minimal or no experience in the work of the courts, express their views on the validity of the judicial authority and the moral and professional values of the holders of the judicial function. Such views are expressed not only by the lay public, dissatisfied parties in proceedings, but such views, based on incomplete and superficial impressions, can also be heard from the highest holders of the other two branches of government," the statement of the Association of Judges, signed by the president Miodrag Pešić, points out.
They added that it is inadmissible to call for the persecution of acting judges in the public space, portraying them as members of criminal groups, who work for someone else's interest and whose decisions are illegal and ordered.
"It should be emphasized that the work of each judge goes through a large number of different checks, which are such that we can and must point out with full right that the judiciary has been the most stable branch of government in Montenegro for years, regardless of all personnel, functional and financial difficulties with which we are fighting. We warn once again that the exaggeration of individuals in unfounded criticism leads to a general tendency of the public towards tendentious conclusions. This may be a consequence of a lack of experience and knowledge regarding the work of the courts, but also the desire of actors in public life to achieve popularity in the political environment , taking into account that the professional position of judges dictates principled restraint in conflicts that occur in public life," said the Association of Judges.
They state that the vast majority of Montenegrin judges prove their integrity every day with honest efforts to lawfully and fairly solve concrete, often very complex factual and legal problems.
"At the same time, they are faced with pressure, justified and unjustified criticism of the participants in the proceedings, as well as media attention. But regardless of everything, we consider it inadmissible that the defendant Nik Đeljošaj, who is being prosecuted for the criminal offense of invoking resistance from Article 378 of the Criminal Code of Montenegro, can give himself the right to express unfounded views and judgments about the judge who acts in the proceedings against him. Here it is worth noting that court judgments cannot be ordered or written in advance, but only after they have been concluded the main trial and analyze all the evidence. The fact that the defendant Nik Đeljošaj is also the Minister of Economic Development and the Vice-President of the Government of Montenegro is even more worrying, because such a high-ranking official of the executive authority gives himself the right to express tendentious and unproven views in relation to holders of judicial and prosecutorial functions," the announcement reads.
The Association of Judges said that since the defendant Nik Đeljošaj stated in his statement that he will not stop until the final truth is revealed and the judge is held accountable for his misdeeds, the Association of Judges is taking the opportunity to support him in his efforts to uncover all the "corrupt" judges in Montenegro.
"We believe that the first next and legal step is to file criminal charges against the judges who he claims have committed wrongdoing, how would the defendant Nik Đeljošaj go from words to deeds. Montenegrin judges do not have immunity that protects them from criminal prosecution, how can individual holders of executive power have, and even if we had it, they would not use it. This is because for the judges of Montenegro, the principle of truth, legality and justice is more important than avoiding criminal prosecution, but also because, if such judges exist , they harm the reputation of the judicial function and threaten the realization of the rights of Montenegrin citizens, who seek protection before the Montenegrin courts," the announcement reads.
The Association of Judges of Montenegro states that it does not challenge anyone's right to free opinion and expression, but on the contrary, they support freedom of expression, but only from the holders of the highest state positions and other public officials, who believe that with their deliberations they can contribute to the progress of our society (including the judiciary ), they expect to make that contribution first of all where their professional position determines them, and to only contribute to the affirmation of the other two branches of government with well-argued and grounded claims, through a critical review.
"Politicians must never encourage disobedience of court decisions, let alone violence against judges and their persecution, as they often claim to be the right. The executive and legislative authorities have the obligation to provide all necessary and appropriate protection when the functions of the courts are threatened by attacks or intimidation directed at members the judiciary. When politicians make unbalanced critical comments, it is considered irresponsible behavior and causes serious problems, as public trust in the judiciary can be inadvertently or intentionally undermined. In such cases, the judiciary must emphasize that such behavior is an attack on the constitution democratic states and the judicial branch of government. Such behavior also violates international norms. Therefore, we strongly condemn the defamation and insulting of the judicial function, as the defendant Nik Đeljošaj - a minister in the Government of Montenegro did today, as impermissible and inappropriate, and we point out that with such statements, it violates the principle of the division of state power and undermines judicial independence," said the Association of Judges.
At the same time, they call on all holders of state positions to carefully choose their words in the future when referring to the work of the judicial branch of government and in this way contribute to the development and strengthening of the independent judiciary of Montenegro, because, as they add, they should be aware of the fact that peace and order in our society depends on maintaining a strong and independent judiciary, as the third branch of government.
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