Marković: The Prosecutor's Office will not succumb to any form of political, institutional or other pressure

The independence of the State Prosecutor's Office is not a privilege, but a constitutional and legal obligation that guarantees citizens' trust in justice and the stability of the legal order, said Supreme State Prosecutor Milorad Marković, stating that the Prosecutor's Office will not succumb to any form of political, institutional or other pressure.

In an interview with the MINA Agency, on the occasion of the recently published European Commission (EC) Progress Report on Montenegro, Marković also emphasized that the appointment of members of the Prosecutorial Council (PC) in a transparent and legal manner will be a strong confirmation of the value of professionalism, responsible institutional cooperation and commitment to European principles in the interest of citizens and the future of the state.

The document emphasizes the need to strengthen the independence of the Prosecutor's Office, but also mentions political pressure on the work of the Prosecutor's Office.

When asked what he would do to ensure that the Prosecutor's Office remains independent in its work, Marković responded that the independence of the State Prosecutor's Office is not a privilege, but a constitutional and legal obligation that guarantees citizens' trust in justice and the stability of the legal order.

"During the previous period, we have repeatedly clearly and publicly demonstrated that the Prosecutor's Office will not succumb to any form of political, institutional or any other pressure," said Marković.

Preserving and strengthening the independence of the State Prosecutor's Office, as he said, remains one of the essential commitments of their work and activities.

"We respond to every attempt at pressure with professionalism, consistency and complete transparency in our work," Marković said.

He said that, on the other hand, independence does not exist without accountability, adding that they are therefore particularly focused on strengthening internal mechanisms for protecting the integrity, ethical responsibility and professional conduct of prosecutors.

According to Marković, the recently adopted Code of Ethics for State Prosecutors further affirms the impartiality, professional integrity and standards of conduct expected of prosecutorial officials.

"The adoption of this Code of Ethics, as well as the amendments to the Rules of Procedure of the Prosecutor's Office, which prescribe the procedure before the Commission for reviewing complaints from heads of state prosecutors' offices and state prosecutors regarding threats to their independence, has established a comprehensive legal and institutional framework for the protection of professional ethics and independence of state prosecutors," Marković stated.

He pointed out that these acts together represent an important step towards improving the transparency, accountability and integrity of the prosecutorial organization, which is essential for Montenegro's further progress in the area of ​​the rule of law and the European integration process.

"In the Report, the EC recognized progress in strengthening the functional and operational independence of the Prosecutor's Office, and our priority remains to make that independence sustainable and resistant to any type of external pressure or changing political circumstances," Marković emphasized.

He said that, at the same time, they encourage public communication based on facts and legality, rather than on political and blanket interpretations.

"Our goal is for citizens to perceive the Prosecutor's Office as an institution that acts exclusively in the interests of justice, the rule of law and the protection of the public interest," Marković emphasized.

Responding to the question of whether he expects the Parliament to elect members of the TS soon, he said that this body represents one of the key pillars of institutional stability and a guarantor of the independence of the State Prosecutor's Office.

"With that in mind, we expect the Parliament to recognize the importance of timely, transparent and meritorious appointment of Council members, in accordance with European standards and principles of expertise and responsibility," said Marković.

The current lack of non-prosecutorial members, he stated, has a direct impact on the efficiency and operational functionality of the Council, especially in the areas of implementing the accountability system, evaluating prosecutors, and implementing other key procedures.

"Therefore, it is important to ensure the full functionality of this body as soon as possible by electing members from among reputable lawyers who, with their expert knowledge, professionalism and integrity, would fully contribute to the realization of the role of the TS in the system of establishing efficiency and consistent application of legal and ethical standards," said Marković.

He emphasized that, following the publication of the positive EC Report, it is the responsibility of all state institutions to jointly demonstrate commitment to reforms and Montenegro's European path.

"The State Prosecutor's Office has already shown that it consistently achieves results, strengthens efficiency and integrity, and remains permanently committed to contributing to the strengthening of the judicial system and overall institutional independence," Marković added.

He said that, in this context, it is essential that the institutional framework is fully functional.

"The appointment of TS members in a transparent and legal manner will be a strong confirmation of the values ​​we share - professionalism, responsible institutional cooperation and commitment to European principles in the interest of the citizens and the future of Montenegro," Marković emphasized.

Asked how the reform processes within the State Prosecutor's Office contribute to the country's European path, Marković said that they represent one of the key pillars of Montenegro's progress in the area of ​​the rule of law and its overall European path, and said that the Prosecutor's Office has confirmed its role as the carrier and initiator of processes that are essential for fulfilling the interim benchmarks in Chapters 23 and 24.

"These reforms have yielded concrete results: the efficiency and transparency of the judicial system have been improved, the accountability of state prosecutors has been strengthened, and clearer mechanisms for monitoring progress in the implementation of European standards have been established," Marković said.

According to him, the special importance of reform processes is reflected in the adoption of binding instructions, which enable uniform implementation of laws and internal procedures in the work of state prosecutors' offices.

"These instructions provide prosecutors with clear guidelines for the proper application of legal provisions, the improvement of professional practice and more efficient conduct of proceedings, thereby directly contributing to strengthening the rule of law and efficient response in the areas of fundamental rights," Marković emphasized, stating that, in the area of ​​fundamental rights, it is precisely these binding instructions that have enabled visible progress.

The Prosecutor's Office, he said, has been recognized as a key actor in achieving concrete results in cases of hate speech and gender-based violence, torture, and the protection of journalists.

Marković said that, after issuing a binding instruction, 862 cases were formed this year, which represents significant progress and confirmation of the effectiveness of reform-led initiatives in line with European standards.

As he stated, by introducing clear and objective procedures for the selection and promotion of prosecutors, a system has been created that encourages professionalism, responsibility and quality in work.

Such an approach, Marković emphasized, ensures consistent application of laws and European standards and contributes to building a judicial system capable of meeting the challenges of European integration.

"Our goal is not only to implement reforms to fulfill obligations towards the European Union (EU), but to build a system that operates according to the highest standards of professionalism, independence and accountability," said the Chief State Prosecutor.

He said that reform processes within the Prosecutor's Office, through clearly defined procedures, consistent application of laws and binding instructions, directly contribute to Montenegro's European path - they strengthen the rule of law, ensure the protection of fundamental rights and at the same time build citizens' trust in institutions.

"Public trust in the efficiency, impartiality and professionalism of the Prosecutor's Office represents a key element of the integration of European standards into the domestic judicial system, which is also confirmed by the EC in its reports," added Marković.

In its Report on Montenegro for this year, the EC noted that the number of investigations and indictments for high-level corruption and organised crime has increased, but that the number of final convictions remains low. Asked what the key thing the Prosecutor's Office has done to change this trend, Marković said that, in the period covered by the document, the State Prosecutor's Office continued to invest extraordinary efforts aimed at improving the quality of investigations and strengthening evidentiary arguments in cases for the most serious crimes.

"The results of these activities are already visible - the increase in the number of investigations and indictments filed for the most serious forms of crime is a direct consequence of a systemic approach that implies continuous strengthening of professional capacities, the application of modern working methods, as well as efficient coordination with partner institutions," said Marković.

He pointed out that the progress achieved in the previous period is most clearly reflected in the results of the Special State Prosecutor's Office (SSO) in the area of ​​organized crime, corruption and money laundering.

"In these areas, the number of indictments filed in previous years significantly exceeds the levels recorded in many countries in the region, and even in some EU member states, especially considering the size of our country and the capacities available," Marković added.

The SDT, he said, has also made significant progress in confiscating property acquired through criminal activity. "Temporarily seized property in this period has increased significantly compared to the previous period, which further strengthens the process of legal accountability and discourages criminal activity," Marković said.

He said that the goal of the Prosecutor's Office is not only to increase the number of indictments, but also to provide solid and sustainable evidence that leads to final verdicts.

"That is precisely why the current increase in the intensity of investigations and indictments creates a solid foundation for a greater number of final verdicts in the coming period. The Prosecutor's Office has given strong momentum to this process, and we are convinced that the results will become increasingly visible and measurable, expecting court decisions in the near future," said Marković.

When asked how he commented on the fact that certain EC recommendations are being repeated, including recommendations that Montenegro should make progress in filling vacant positions in the Special Police Department (SPO), the SDT and the High Court in Podgorica and provide appropriate premises for the SDT and SPO, he replied that the EC rightly points out that staff stability and adequate spatial capacities are the foundation of an efficient and independent judiciary.

Marković said that the State Prosecutor's Office has recognized the importance of continuously strengthening capacities, especially of the SDT, which bears the brunt of the fight against organized crime and high-level corruption, adding that the TS recently increased the number of prosecutors in the SDT from 16 to 20, and that three new special prosecutors were appointed in the previous year.

"In addition, four state prosecutors from other prosecutors' offices have been temporarily deployed, which further strengthens the operational capacities of this key institution in the fight against organized crime and the most serious forms of corruption, enabling a continuous and efficient response to the most complex investigations," said Marković.

When it comes to spatial capacities, he said that the situation in several state prosecutor's offices, including the SDT, remains extremely challenging due to inadequate and substandard premises.

"Although the Government adopted a conclusion in April last year obliging the competent institutions to carry out the adaptation of the old Government building to accommodate the SDT and SPO, the aforementioned activities have not been implemented to date," Marković said.

As a result, he said, special prosecutors continue to operate in environments that seriously limit security, efficiency and optimal work organization, which is particularly concerning given the nature of the cases they handle.

Marković emphasized that adequate and safe space for the work of the SDT and SPO, as well as other state prosecutors' offices, is a key prerequisite for the efficient exercise of their legal powers, the protection of confidential information and the continuous fight against all forms of crime.

"Resolving this issue as soon as possible is not just a technical or logistical issue, but the foundation for strengthening the institutional stability and integrity of judicial institutions and Montenegro's progress on the path of European integration," said Marković.