The request of the judges of the Special Department of the High Court in Podgorica to improve working conditions must be an absolute priority for the Judicial Council, the Ministry of Justice, the Government and the Parliament of Montenegro.
This was said by the executive director of Action for Human Rights (HRA), Tea Gorjanc Prelevic, and HRA lawyers and associates, Veselin Radulović and Darka Kisjelica, who expressed their support for the judges of the Special Division.
The judges of the Special Department of the High Court in Podgorica, in their address to the Judicial Council, the Supreme Court, the Ministry of Justice, the President of Montenegro, the Prime Minister and the Parliament, said that the problems faced by that department require an urgent response and warned that the number of cases in their work will increase only increase, if the existing situation does not change.
"The request of the judges of the Special Department of the High Court in Podgorica to the representatives of the authorities to improve working conditions must be an absolute priority for the Judicial Council, the Ministry of Justice, the Government and the Parliament, because those eight judges are the defenders of the entire country against organized crime", stated Gorjanc Prelević, Radulović and Sorrel.
They said that the public appeal of the judges of that department is an unusual and brave move, which inspires hope, because in the existing impossible conditions they show their intention to continue working, and they have not announced that they are resigning or going on sick leave.
Gorjanc Prelević, Radulović and Kisjelica said that the judges' appeal represents an even greater obligation for all those in charge to provide them with adequate working conditions.
The press release states that the HRA particularly welcomes the expressed willingness of the judges of the Special Division of the High Court to pass the vetting.
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"That necessary process does not serve to speed up the trial, but to ensure that the trials serve their purpose, lead to justice and to increase trust in those who administer that justice," the statement said.
It is stated that eight judges of the Special Department warned with arguments that the total volume of work of that department, in the form of the number of backlogged cases, is 162.
Gorjanc Prelević, Radulović and Kisjelica said that the large number of cases and the staff deficit caused the average duration of the first-instance proceedings in that department to be 482 days, judging by the Annual Work Report for last year.
"HRA expects that, first of all, the Judicial Council, and then the ministers of justice and finance, fellow judges and the entire public, in accordance with their competences, will urgently help, first of all, the work of the Special Department of the High Court in Podgorica, which is on the verge of collapse, and then other courts in which the situation is particularly difficult," the statement said.
It is stated that the Judicial Council should urgently organize a meeting with the president of the High Court in Podgorica, who is also a judge of the Special Division.
The topic of that meeting, as Gorjanc Prelević, Radulović and Kisjelica said, should be to increase the number of judges, judges' advisers, recorders and interns.
They said that regarding the missing judges, it should be urgently ensured that judges from the Appellate Court, the High Court in Bijelo Polje, or the Supreme Court come to the Special Department of the High Court in Podgorica to help.
"On the other hand, the Judicial Council must speed up the process of electing four judges in the High Court in Podgorica, which has been ongoing since April and has been postponed because the rules for evaluation have not yet been adopted," the announcement states.
It is necessary, as stated by Gorjanc Prelević, Radulović and Kisjelica, to speed up the selection of six advisers according to the public announcement from July this year, in order to facilitate the judges' work and improve efficiency.
They pointed out that it is necessary and urgent to elect the President of the Supreme Court, who has been in the acting position for an unacceptably long time, for four years.
"It would also be desirable for the new president of the Supreme Court to have experience working in the Special Department of the High Court in Podgorica," the statement added.
Gorjanc Prelević, Radulović and Kisjelica said that the spatial capacities of the High Court in Podgorica, above all in terms of courtrooms, must be increased.
"The Basic Court in Podgorica, the Faculty of Law of the University of Montenegro, the Municipality of Podgorica and the National Library "Radosav Ljumović" could also help in this," says the announcement.
It is stated that these are all buildings in the vicinity of the High Court, which have premises that could be used for trials, until the Palace of Justice is built.
"Also, for trials in which there are fewer participants in the proceedings, courtrooms in the Appellate and Supreme Courts could be used," said Gorjanc Prelević, Radulović and Kisjelica.
They said that work on amendments to the Code of Criminal Procedure must be accelerated, so that abuses aimed at constantly delaying trials are prevented or discouraged.
As they stated, the proposals of the judges themselves should be taken into account as a matter of priority.
Gorjanc Prelević, Radulović and Kisjelica said that the Ministry of Finance must immediately prepare a budget package for the necessary personnel, spatial and technical improvements for the work of the Special Department of the High Court.
Judges, as they emphasized, should have their salaries increased and finally be provided with all the necessary equipment for recording trials, following the example of courts of the same jurisdiction in the environment that have had it for a long time.
"The attitude of the authorities in Montenegro towards solving this serious problem is an indicator of its commitment to the rule of law and its readiness to bring the country into the European Union," states the statement in which Gorjanc Prelević, Radulović and Kisjelica expressed their support for the judges of the Special Division of the High Court in Podgorka.
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