Although the state is announcing assistance to the judicial branch of government to deal with the growing number of old cases, this assistance is not coming as quickly as the statute of limitations, which only the defendants are looking forward to.
The number of outdated cases is not small, and among them are some important ones against former and current officials.
In the Podgorica Minor Offences Court alone, almost two and a half times more cases expired last year, compared to 2023, and the courts and the civil sector warn that this number will increase if concrete steps are not taken urgently.
Numerous prison sentences have also expired.
Former Mayor of Budva Municipality Marko Bato Carević will not be held accountable in the ongoing court proceedings for illegally occupying land in Krimovica, even though he himself admitted that he had usurped state land. His and 37 other cases in the Kotor Court have expired.
And, some other important cases before the basic courts have expired, including part of the charges against the now former judge Danilo Jegdić, because the Nikšić Basic Court tried him for as much as six and a half years for falsifying the minutes of the hearing.
"It is always problematic when current or former public officials evade justice in this way, because it only further deepens doubts about the independence and efficiency of the judicial system. I would like to remind you that during 2024, ten requests for protection of legality were filed, and in all ten cases the Supreme Court found that the law had been violated in favor of the defendants. I think that this data also indicates ignorance, incompetence or even corruption," said Amra Bajrović from the Human Rights Action.
On the other hand, the number of outdated cases before the Budva Misdemeanor Court, which has jurisdiction over the entire coast, is not large, says its president Marko Đukanović.
"We are talking about a percentage of 2,01 percent, meaning a total of 211 first-instance misdemeanor cases. This is an extremely symbolic figure, considering that the court had around 2024 cases in its work during 19.000," said Đukanović.
While the data from the coast is not cause for concern, the authorities should be alarmed by the number of outdated cases before the Podgorica Court of Minor Offenses, which also has jurisdiction over Nikšić, Danilovgrad and Cetinje.
One of the outdated cases is the one against Deputy Prime Minister and Minister of Economic Development Niko Đeljošaj, for insulting police officers.
In 2022 and 2023, around 1.200 cases expired before this court in regular proceedings, and prison sentences were enforced in 21 and 44 cases, respectively.
"The reporting year 2024 was marked by a significantly higher number of statutes of limitations in regular proceedings compared to previous years - 3.255 cases. The reason for this is that the Court worked with a smaller number of judges throughout the year than required by law, and in one case the acting judge was changed several times due to judges' longer sick leave. The statute of limitations for the execution of fines occurred in 1.753 cases, while the statute of limitations for prison sentences occurred in 55 cases," said Nada Bjeković, President of the Minor Offences Court in Podgorica.
The following information shows that results can still be achieved even with a lack of capacity.
"The Budva Misdemeanor Court had a record year when it comes to the amount of money collected in the form of fines and costs of misdemeanor proceedings, and in the form of court fees. Namely, we are talking about the amount of two million 40 thousand and 35 euros," said Đukanović.
A shortage of judges and advisors, poor working conditions, and trial delays because the court does not have a loudspeaker to play back the video recording are just some of the reasons for frequent delays.
There are more than 85 unresolved court cases, and the Human Rights Action warns that something must be done urgently.
"We are definitely in danger of the number of obsolete cases increasing," said Bajrović.
The fact that the legislative branch also contributes significantly to statutes of limitations is evidenced by the fact that the Parliament does not decide on several cases of lifting the immunity of MPs for months, but keeps them in drawers. Thanks to this, the statute of limitations arrives before justice.
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