The deadline for maximum detention from the Criminal Procedure Code (CPC) is an important guarantee of human rights and it is devastating to give it up due to the state's inability to organize the court system, said the executive director of Action for Human Rights (HRA), Tea Gorjanc Prelević.
Commenting on the proposal for amendments to the CPC, which envisages the possibility of extending detention from three to five years in case of failure to issue a first-instance court verdict, she said that it is not a solution to keep people in pre-trial detention for so long without any verdict.
"This indicates the state's inability to organize its judiciary in such a way as to protect human rights, even though this is its basic task," said Gorjanc Prelevic.
She emphasized that it is devastating to abandon one guarantee of human rights due to the state's inability to organize its judicial system so that it can issue a verdict within three years.
"It is not fair to just shrug your shoulders and accept that the level of human rights has dropped, to actually impose a punishment without a court, because five years in custody is the punishment," said Gorjanc Prelevic.
According to her, it is disappointing that Prime Minister Milojko Spajić and Minister of the Interior Danilo Saranović, instead of urgently solving the problem of growing crime, are apparently "collecting populist points by pointing the finger at the courts".
"At the same time, it is completely forgotten that the deadlines for maximum detention from the CPC are an important guarantee of the human rights of every person," said Gorjanc Prelevic, stating that detention is once again being treated as a punishment.
She reiterated that every accused person is protected by the presumption of innocence, the right to freedom and the right to a fair trial.
Gorjanc Prelevic pointed out that the Montenegrin judiciary has a serious problem of lack of promptness, especially visible in criminal proceedings before the Special Department of the High Court in Podgorica, which fail to reach a verdict within three years.
"It is a systemic problem, especially pronounced after 2020, to which both the executive and legislative authorities have contributed with inadequate legal solutions and insufficient funds for the work of the courts," said Gorjanc Prelevic.
As she added, the problem is that for four years the judiciary has not had a president of the Supreme Court at its head who would take serious measures to restore the promptness of the courts and trust in the judiciary and know how to oppose the executive power and demand that it provide appropriate conditions for the courts.
"And finally, there is certainly responsibility in the courts in relation to the inadequate organization of work, as well as certain decisions, although, from the aspect of human rights, those whose detention is unreasonably prolonged are a much bigger problem than those whose detention is terminated" , emphasized Gorjanc Prelevic.
She pointed out that the judgments of the Constitutional Court of Montenegro and the European Court of Human Rights testify to this.
"It is forgotten how much money the state pays every year for the wrongful detention of those who in the end are not convicted of the crimes for which they were put in detention," emphasized Gorjanc Prelevic.
According to her, instead of proposing solutions against human rights, urgent measures should have already been taken to reduce trials to three years and thus guarantee the right to a fair trial within a reasonable time.
Gorjanc Prelevic emphasized that in Montenegro it is urgently necessary to adopt amendments to the CPC, which prevent abuses in the form of postponement of trials, but also to increase the number of judges and their advisers in the Special Department, increase the number of courtrooms.
It is also important, as she added, to ensure the recording of trials, to elect the President of the Supreme Court who would proactively supervise the implementation of all this in cooperation with the competent President of the High Court and the Judicial Council.
Commenting on the mutual accusations of the Judicial Council on the one hand and the Ministry of Internal Affairs (MUP) and the Police Directorate (UP) on the other, after the murder of two people in Podgorica who were released from custody due to failure to deliver a verdict within the legal deadline of three years, Gorjanc Prelevic said that it is necessary for the MUP and UP to announce what is necessary for adequate monitoring of the application of surveillance measures for defendants who are defending themselves from charges at liberty, but also for the Government to provide it.
She explained that the court ordered those killed in the mafia showdown to prohibit them from leaving their residence in Cetinje, which they apparently violated because they were in Podgorica when they were killed.
"The Judicial Council is right when it says that the execution of that measure is handled by the police, that's what it says in the CPC. However, it is also written in the CPC that the police should have electronic surveillance to effectively control compliance with that measure, but there is none, because neither the by-law on this has been passed, nor does it have the equipment for it," emphasized Gorjanc Prelevic.
She pointed out that the Government is responsible for such a situation, so it should be asked why it did not provide for it.
Gorjanc Prelević also pointed to the statement of Acting Assistant Director of the UP for the Anti-Crime Sector, Lazar Šćepanović, who said that the police informed the court several times that one of the two murdered persons violated the measure at least twice, and that the court did not react, although should in such a case determine a stricter measure.
"We should ask the High Court in Podgorica why it didn't react," said Gorjanc Prelevic.
As she added, the police could not arrest them for violating the measure, although it would even help save lives.
That is why, according to Gorjanc Prelevic, it should be considered to prescribe the violation of the supervision measure as a separate criminal offense.
"All in all, two lost lives are a serious reason for all competent authorities to provide answers to all these questions, instead of throwing accusations about someone else's responsibility," emphasized Gorjanc Prelevic.
Otherwise, as she stated, such tragic cases will only be repeated.
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