Almost half of all outdated reports filed in prosecutors' offices in the last three years were within the jurisdiction of the Special State Prosecutor's Office (SSO), which deals with the most serious crimes of organized crime and corruption.
In addition, the report of the Prosecutorial Council (PC) shows that, in the last three years alone, more than 3.000 reports against known and unknown perpetrators of criminal offenses have been dismissed in all prosecutors' offices.
And while prosecutors have such infamous statistics, according to information Center for Investigative Journalism of Montenegro (CIN-CG), the courts do not even know what that number is. Only seven basic courts submitted this data to the Judicial Council (JC) last year.
However, both councils refused to provide CIN-CG with final decisions on rejections due to statute of limitations, and the SDT also rejected such a request, explaining that this is information that only participants in the proceedings can obtain.
Further withholding this information leaves room for suspicion that the judiciary is concealing unscrupulous and unprofessional work, as well as potential corruption, which could be a reason to "put the case in a drawer" until the statute of limitations expires, thus saving someone from criminal liability, the Human Rights Action (HRA) told CIN-CG.
HRA Legal Advisor Amra Bajrović points out that the data regarding SDT are particularly worrying, and that such results clearly indicate that serious and socially dangerous cases have not been processed within the legally prescribed deadlines, which has led to the impossibility of criminal prosecution and punishment of perpetrators.
"In other words, the state has not fulfilled its function and is promoting impunity," Bajrović said.
According to data from the TS report, of the 399 reports that were dismissed due to the statute of limitations in criminal prosecution in 2024, 2023, and 2022, 186 of them were from the SDT.
There is a huge number of dismissed reports against unknown perpetrators every year due to the statute of limitations. In the last three years alone, 2.635 criminal reports against unknown perpetrators have been dismissed due to the statute of limitations in all prosecutors' offices, which is more than 70 percent of all reports against unknown perpetrators.
Almost all reports against unknown perpetrators expired last year
Last year, almost all charges against unknown perpetrators were dismissed due to the statute of limitations. Out of 1.400 criminal charges, 1.334 were dismissed due to the statute of limitations, according to the TS report for 2024.
Amra Bajrović assesses that the actions of prosecutors in processes against unknown perpetrators confirm the continued inefficiency of the prosecutor's work.
She recalled that last year, the TS secretariat determined that 2.208 cases had expired in the state prosecutor's offices of Montenegro, of which as many as 1.958 (about 90 percent) were in the Basic State Prosecutor's Office in Podgorica.
"However, to date, no state prosecutor, or the head of the state prosecution office or the acting head, has been held responsible for the statute of limitations," Bajrović emphasizes.
It is necessary to examine who was in charge of handling all these cases, not only the Basic Court, but also the SDT, Bajrović points out, as well as the circumstances that led to their statute of limitations.
Failure to act in such cases cannot be viewed only as professional negligence, or a serious disciplinary offense, according to HRA, but also as a potential criminal offense.
"It is illegal to not act on even one case for years, let alone thousands of cases," Bajrović points out, emphasizing that the reasons for this may be different, but that it could also be about bribery and corruption.
According to the regulations, the statute of limitations of a case does not constitute a reason for disciplinary proceedings against a judge, while prosecutors can be held disciplinary liable for the statute of limitations in at least two cases. According to the Law on the State Prosecutor's Office, this constitutes a serious disciplinary offense, which is punishable by a fine of 20 to 40 percent of the prosecutor's salary for a period of three to six months and a ban on promotion.
However, no one has yet been held accountable for this.
Disciplinary proceedings have recently been initiated against Saša Čađenović due to the statute of limitations in the “Telekom” case, but this report is an obvious show for the public, if we know that the suspended prosecutor is currently in prison on charges of being part of a criminal clan, and he is not the only prosecutor who acted in this case.
In the first instance, in March of this year, the disciplinary liability of the former prosecutor was established. Lidija Mitrović, with a three-month salary reduction of 20 percent, due to the statute of limitations on the case against the former police chief Slavko Stojanović and the then Minister of Internal Affairs Raško Konjevića, following a criminal complaint filed by the then opposition Democratic Front (DF), for breaking up a protest in 2015. That symbolic sentence and decision were also overturned by the Supreme Court. Mitrović, in the meantime, was sentenced to seven months in prison for abuse of office, and was dismissed from her position as prosecutor...
Former prosecutor, now High Court judge Nikola Boricic In disciplinary proceedings, Boričić was accused of failing to act in 2019, 2020 and 2021, which led to the statute of limitations in 13 criminal cases, and for this reason, the first-instance TS punished him symbolically - 20 percent of his salary for three months. The Supreme Court overturned that decision, stating that there was no evidence that the prosecutor's actions affected the statute of limitations in the cases, so Boričić was ultimately acquitted of liability.
Until December last year, when the Supreme State Prosecutor's Office issued instructions for handling cases against unknown perpetrators, these statutes of limitations were only noted in the official note, making it impossible to examine them. The Supreme State Prosecutor's Office provided in the instructions that in the event of statutes of limitations, a decision would be issued to dismiss the criminal report, so that such a decision could be reviewed through the filing of a complaint.
SDT will only keep records of statutes of limitations from 2022, they won't say which acts
The TS report shows that, from the beginning of 2020 to the end of last year, 1.241 criminal reports were dismissed due to statute of limitations in all prosecutor's offices. The reports state that all reports became statute of limitations either before the criminal reports were filed or before the case was transferred to another prosecutor's office.
However, the SDT sent CIN-CG different data than those contained in the TS reports, claiming that in 2022 there were seven and in 2023 12 dismissals of criminal reports due to statute of limitations. They state that no records were kept for 2020 and 2021. They did not respond to CIN-CG's questions about which criminal offenses the statute of limitations reports related to, and they also refused to provide final decisions on dismissal of criminal reports for 2024 through free access to information.
The Higher State Prosecutor's Office in Podgorica told CIN-CG that from 2020 to September of this year, 45 reports were dismissed due to statute of limitations, of which three were against known perpetrators, one for rape and two for abuse of official position in business, which they claim were statute-barred before the report was filed with the prosecutor's office. Of the unknown perpetrators, they claim, most reports were statute-barred for drugs and robbery, but there were also two statute-barred murders.
The Higher State Prosecutor's Office in Bijelo Polje claims that since 2020, only two reports have been dismissed due to statute of limitations, against unknown perpetrators.
The Podgorica Public Prosecutor's Office says that 1.795 reports have expired since 2020, of which more than 1.000 were for theft and robbery. After that, the most cases that expired were for endangering public traffic, causing general danger, illegal possession of weapons, endangering security...
After the Podgorica Prosecutor's Office, the Berane Basic Prosecutor's Office had the most outdated reports, according to data submitted by the prosecutor's offices, a little over 700, most against unknown perpetrators and almost half of them for the criminal offense of forest theft.
The Nikšić ODT had more than 600 outdated reports, of which 13 were against known perpetrators of criminal offenses.
The Cetinje ODT had 255 outdated reports, of which 10 were against known perpetrators for endangering security, fraud, abuse of official position...
In Herceg Novi, according to their claims, slightly more than 400 reports have expired, of which 18 are against known perpetrators - mostly for abuse of official position and violent behavior.
Ulcinj had 299 outdated reports, of which most were thefts.
The Bijelo Polje Public Prosecutor's Office claims that there were 35 outdated reports, Kolašin six, and the Rožaje Public Prosecutor's Office says that they have outdated reports against 20 people, most of which were due to abuse of official position and negligent work in the service.
The Bar Prosecutor's Office claims that the charges against 21 people, mostly for usury, building a building without a permit, fraud, forgery of documents, etc., are outdated.
There is no data on how many cases expire in courts, SS says it will.
Although data on statute of limitations speak most clearly about the efficiency and effectiveness of the work of courts, the Montenegrin judiciary does not have comprehensive statistics on statute of limitations cases.
The SS explained to CIN-CG that they are not obligated to monitor the statute of limitations of proceedings, but they emphasized that they nevertheless made a decision to improve the existing judicial information system.
"We are working intensively on this, so data on the statute of limitations of cases in all courts and at all levels will be another piece of information that will be monitored and presented in the annual report on the work of the courts," the SS said.
The Supreme Court told CIN-CG that the president of that court Valentina Pavlicic, at a meeting of the presidents of all courts in April this year, called for measures to be taken to speed up proceedings in which the injured parties are journalists, thus preventing the onset of the statute of limitations.
"Although the focus was on cases in which journalists were injured, it was concluded that the presidents of all courts are invited to monitor with special attention cases in which the statute of limitations may soon apply, all with the aim of improving work efficiency," the Supreme Court stated.
The SS reports only contain some data on statute-barred proceedings from last year, and only from seven basic courts. According to this data, nine cases and 21 executions of criminal sanctions expired in those seven basic courts last year. In the Basic Court in Podgorica, five criminal cases and 11 executions of sentences, in Berane, two criminal cases and one execution, in Nikšić and Pljevlja, one criminal case and two executions, in Bijelo Polje and Plav, one execution each, and in Ulcinj, three executions of criminal sanctions.
"Such fragmentary data from the Judicial Council on statute of limitations conceals the true extent of the problem, including possible corruption. That is precisely why it is important that this record be urgently established at the level of all courts and that it become a regular part of reporting," HRA warns.
One of the most prominent reasons that influence the onset of statute of limitations in court proceedings, the SS report states, is staffing limitations and the burden on judges with a large number of cases. The problem of properly serving court summonses to defendants or convicted persons, as well as the refusal to accept that defendants be tried in absentia, is also cited as a significant factor in the onset of statute of limitations.
They also place some of the blame on prosecutors' offices, saying that delays in filing indictments and criminal charges significantly contribute to the problem of cases becoming statute-barred.
They also blame the police for the statute of limitations on the execution of criminal sanctions.
"The failure to locate convicted persons often leads to the expiration of deadlines for the execution of judgments, which results in the statute of limitations for the execution of criminal sanctions."
Inflow of cases in courts increased, efficiency decreased
Back in 2017, the Human Rights Action proposed that the annual report of the Judicial Council be supplemented by publishing data on the statute of limitations of criminal cases and the statute of limitations for the execution of criminal sanctions.
"However, the Instructions on the Preparation of Reports on the Work of Courts have not been amended in the meantime, but the one from 2014 is still in effect today, which does not provide for the keeping of statistics on this data," HRA explains.
It would be important, they point out, to introduce an obligation to report on the reasons for the statute of limitations in each case and, if it is noticed that nothing has been done in the case for a long time, that case must be referred for examination to the state prosecutor's office.
"Courts and the Judicial Council should ensure that the availability of such data becomes standard practice, while at the same time taking all necessary steps to determine liability in cases where the statute of limitations has expired," the HRA states.
It is also necessary to adopt amendments to the Criminal Procedure Code as soon as possible, and judges must use the mechanisms at their disposal more efficiently in order to reduce the large number of hearing postponements, the HRA states.
"Clear procedures are also needed for prioritizing complex and important cases, which further contributes to preventing statutes of limitations and ensuring that justice is served in a timely manner."
We must work better and more efficiently, HRA emphasizes, because the latest CEPEJ report clearly shows that Montenegro is characterized by an increased influx of cases with a simultaneous decrease in efficiency.
"All of this directly affects the increase in the number of statute-barred proceedings and undermines citizens' trust in the judiciary. It would be necessary for the Supreme Court of Montenegro to order a comprehensive analysis of the reasons for statute-barring and ensure that reports on these reasons are prepared for each case in the future," the HRA points out.
The Supreme Court reminded CIN-CG that an Operational Team was recently formed to monitor the implementation of the Unified Program for Resolving Backlogged Cases, and that its effects will be visible next year.
"Based on the data so far, a decrease of about five percent in the number of cases older than three years is already visible," the Supreme Court said.
In addition to the statute of limitations, a serious problem for the Montenegrin judiciary is the failure to issue a first-instance verdict within the legal three-year period, which is why more people accused of serious crimes have been released from custody in recent years, and the latest such case is the release of my son. Vesne Medenica, Milos Medenica from custody on charges of being the head of a criminal organization that, among other things, smuggled cigarettes and influenced court decisions.
Many known cases are outdated or close to being outdated
HRA points out that the problem is particularly pronounced when former or current officials evade justice in this way, as this further undermines confidence in the independence of the judiciary.
"Solutions to prevent such situations primarily include more efficient work of courts and prosecutors' offices: resolving staffing problems, improving spatial capacities, better organization of work, and improving digital systems and systems for monitoring deadlines," the non-governmental organization emphasizes.
Statute of limitations in "Telekom" cases, part of the indictment to the judge to Danilo Jegdić, former mayor of Budva Marko Bata Carevic, verdicts against former high-ranking officials of the Democratic Party of Socialists (DPS) Svetozar Marović i Petar Ivanovic - are just some of the cases that are already statute-barred or are likely to be statute-barred.
The complaint in the case known as the “Telekom” affair recently expired. MANS filed a complaint against Milo Đukanović, his sisters Ana Đukanović and other persons, suspecting them of abuse of office, accepting bribes and creating a criminal organization. The Special Prosecutor's Office dismissed the criminal complaint due to the statute of limitations in July of this year. In 2011, Hungarian Telekom admitted liability before a court in the United States and paid about 95 million US dollars to the Ministry of Justice and the Securities and Exchange Commission in that country, for corrupt actions during the privatization of Telekom in Montenegro and Macedonia. The Montenegrin prosecutor's office received this documentation ten years ago, and for years prosecutors said they were waiting for the translation...
In the case of former Budva mayor Marko Bata Carević and his company Carinvest, the charge of usurping state land in Krimovica has also become statute-barred. The Basic Court in Kotor explained that the crime was committed from 2015 to the end of 2018, and the sentence was three months to three years in prison, so criminal prosecution cannot be initiated after six years have passed since the crime was committed.
Former judge Jegdić's sentence for abuse of office was reduced because part of the indictment was time-barred. Jegdić is the only judge to be dismissed in recent years, after he was sentenced to six months of house arrest after a multi-year trial against him in which part of the charges were time-barred, for falsifying trial records.
Ivanovic was finally acquitted of charges that he hit a girl at a pedestrian crossing with a vehicle in October 2010 due to the statute of limitations. He is now on trial for abuse of office while he was Minister of Agriculture and Rural Development.
The statute of limitations on the execution of sentences is a particular problem. One of the most famous cases that is threatened with a statute of limitations is the case of the former mayor of Budva and head of state Svetozar Marović, who will be sentenced to three years and nine months in prison in October 2026, to which he was sentenced as the head of a criminal group. In 2016, he reached a settlement with the prosecution to serve that sentence for organized crime, fraud, abuse of office in connection with embezzlement of state land and construction in Budva. However, after the settlement, he went to Serbia, and his lawyers claim that he is receiving treatment there. Montenegro has sent several requests for extradition to Serbia, but has not received any response. Marović was also sentenced to a fine, which was replaced with prison for non-payment, but that sentence has also become statute-barred.
According to the Criminal Code, criminal prosecution and execution of sentences are not subject to statute of limitations for criminal offenses related to war crimes, torture, creation of a criminal organization and criminal association, accepting and giving bribes, unlawful influence, tax and contribution evasion, smuggling, money laundering, and other criminal offenses related to illegal economic activity...
Twice as many outdated violations last year than in 2023.
In misdemeanor courts, according to data from the SS report, the number of statute-barred proceedings is increasing every year, so that number was almost twice as high in 2024 as in 2023.
Thus, 4.193 misdemeanor proceedings expired in 2023, and 6.028 last year, which is 43,76 percent more. In 2022, there were 3.409 expired misdemeanor proceedings.
"The large number of obsolete cases primarily shows that the misdemeanor courts are still working under the pressure of a huge influx of new cases, chronic staff shortages and limited space. Judges' salaries have now been increased, but a whole range of other problems remain - from overload to uneven practice and poor work organization," the HRA said.
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