A prosecutor's office that does not demonstrate accountability cannot enjoy trust in a society that strives for the rule of law. At the same time, accountability must never jeopardize the autonomy of the prosecutor in a specific proceeding, said the Center for Civic Education (CCE).
These two principles must be continuously built and strengthened, through various institutional mechanisms, and one of the key ones is regulating the ethical responsibility of prosecutors, the program coordinator announced. Human rights in CCE Ivan Vukčević.
He said that the adoption new Code of Ethics for State Prosecutors, in early November, represents an important step in preserving and strengthening the dignity and reputation of the prosecutorial profession in Montenegro. "Its content and implementation will have a direct impact on progress in the EU accession process, especially in fulfilling the final benchmarks from Chapter 23 relating to the independence and accountability of the judiciary at all levels."
Although the ethical responsibility of prosecutors, as Vukčević said, sometimes escapes standardization, it is possible to analyze and compare it with European standards and good practices, which is why CCE believes that the assessment of the new Code of Ethics is of public interest.
"In this context, CCE welcomes the introduction of the obligation for a prosecutor to directly address the Code of Ethics Commission when planning engagements outside the State Prosecutor's Office that may affect his reputation or dignity. Unlike of the previous Codex", when the prosecutor informed his manager about it, and then the manager informed the Commission 'if he deems it necessary', the new solution is better because it provides additional control and reduces the risk of conflict of interest," the statement emphasizes.
The CCE believes that the novelty that enables periodic revision and review of the Code is also positive, especially in the context of new professional challenges and the development of international standards, but also the introduction of a provision on the political neutrality of prosecutors, which can contribute to stronger protection of their autonomy.
CCE also welcomes the introduction of clear rules in communication with citizens and the media, including the obligation of a professional and impartial attitude towards journalists and media outlets, in particular treating "every journalist and media outlet with care and respect". The application of this provision "may be particularly interesting in cases of selective attitude of certain prosecutors towards the media", says Vukčević.
"In addition, for the first time, guidelines are being introduced regarding the use of social networks, which is in line with modern challenges and international practices, as this is also considered public communication that requires caution and professionalism," he reminds.
He believes, however, that there are some parts of the Code that could be amended, as well as some provisions from the previous Code that were removed without clear justification.
"The new Code omits the obligation of the prosecutor to continuously improve his or her theoretical and practical knowledge, as well as to follow the case law of domestic courts and the European Court of Human Rights. It is also unclear why the obligation for prosecutors to encourage employees to undergo professional development has been removed, given the importance of the professional development of everyone in the prosecution service, which is also good practice in EU countries. This obligation of the state prosecutor gains importance if we consider that advisors and other employees in the prosecution service already attend significantly fewer training courses than state prosecutors, and they have a great influence on the results of the prosecution service's work and may become state prosecutors in the future," the statement reads.
CCE "also points out with concern the problem of deleting the provision on the relationship with the injured parties", because "it is necessary for the Code to prescribe the obligation of special attention towards victims of criminal offences in order to avoid secondary victimization."
"Additionally, there is concern that some descriptions of violations of the Code of Ethics overlap with more serious disciplinary offenses, which may lead to inconsistent application and the possibility of avoiding a stricter form of liability. This, for example, refers to inappropriate treatment of participants in the proceedings, accepting gifts or using the prosecutorial function to pursue private interests. Such regulation is inadequate and CCE recommends that some violations of the Code of Ethics and disciplinary offenses be described more precisely in order to clearly distinguish them," says Vukčević.
CCE assesses that the new Code of Ethics for State Prosecutors represents a step forward in strengthening the accountability and professionalism of state prosecutors, but that, in order to "further strengthen the reputation of the prosecution service", it is necessary to "consider the identified shortcomings and incorporate the recommendations" proposed by the NGO.
"Equally important, it is crucial to ensure consistent and high-quality work of the Code of Ethics Commission, because without the implementation of the new provisions, the fight for a responsible and professional prosecution remains without any substantial effect," the statement reads.
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