The Administrative Committee of the Parliament has yet to make a decision regarding the request from the Higher State Prosecutor’s Office in Podgorica to lift the immunity of a deputy, a situation that has persisted for almost five months. Marko Kovačević has invoked immunity in a case concerning accusations of inciting national, racial, and religious hatred, despite the fact that the Prosecutor’s Office has already provided the necessary copies of the case files and urged the Committee to approve the criminal charges against the official from New Serbian Democracy (NSD).

The Higher Prosecutor’s Office informed “Vijesti” that they submitted their request to the parliament, specifically the Administrative Committee, on September 17th of last year, after Kovačević claimed immunity concerning the case against him. Following this, they provided the necessary case file copies to the parliamentary body on October 7th, 2024.

“As the Committee has not acted on this request, the Prosecutor’s Office issued an urgent follow-up on December 17, which has also gone unaddressed,” stated the institution led by the prosecutor Beautiful Medenica.

The President of the Administrative Committee, Jelena Nedović (Europe Now Movement), has often justified the delay by claiming that they are awaiting an indictment against Kovačević. Nonetheless, the criminal proceedings cannot begin until the immunity of the NSD MP is lifted.

In a recent appearance on the program “Načisto” on “Vijesti” television, she mentioned that the request from the Higher Prosecutor’s Office is “currently not with the Administrative Committee” and is “not currently under review.” She pointed out that the request for lifting immunity was received “in a letter form,” and that it is unprecedented for a decision regarding immunity to be made “without the full case file pertaining to the lawsuit.”

“The members of the Administrative Committee must be informed before making any decision. I won’t base my decision on media reports… We have returned the request, and once the prosecution provides the necessary documentation to the parliament – it will be submitted to the Administrative Committee as it always has been for each MP, and it will be resolved,” Nedović explained.

According to the program’s editor, Petar Komnenić, the complete case files were never sent to the Assembly, only a brief summary. He emphasized that lifting immunity is essential before an indictment can proceed. When he questioned the prolonged delay in making a decision about Kovačević and whether some requests are being overlooked, the President of the Administrative Committee responded:

“… I hold sole authority over the Administrative Board. Let me state that clearly. I am here because I am… During my tenure, all decisions have been made in accordance with the Constitution and the law…”

The Higher Prosecutor’s Office reiterated that the Criminal Procedure Code dictates that when a state prosecutor seeks to prosecute an individual requiring approval from a competent authority, they cannot initiate an investigation or file an indictment unless they can demonstrate that the approval has been granted — unless provided otherwise by international treaties.

“As is also stipulated by the Constitution for individuals with immunity, and since (Marko Kovačević) claimed immunity during the prosecutor’s office hearing, the acting state prosecutor cannot proceed with the prosecution of the individual in question without the Administrative Board’s decision on the prosecutor’s request,” they explained.

The case against Kovačević stems from his remarks made during the 166th anniversary of the Battle of Grahovo in mid-June. As the mayor of the Nikšić Municipality, he stated, “those who refuse to be like brothers but would rather act resemble Turks will be treated like Turks,” addressing “former rulers and their affiliates.”

“… We will strive to ensure that they also remember our former glory, recognize our ancestors, and join in prayer with us as we did today, just as the Christian warriors of the Serbian army of Montenegrins and Herzegovinians did at Grahovac 166 years ago… We will be patient, waiting with open hearts and arms while asking – are we brothers? If someone rejects brotherhood and opts to be akin to Turks, we will treat them as such,” he remarked.

Kovačević has repeatedly asserted, including after his June statement to the police, that he has not insulted or threatened anyone, claiming that “everything else is a fabrication by others.”

According to Article 86 of the Constitution, a deputy cannot be subject to criminal or other liability or detained for opinions expressed or votes cast while performing parliamentary duties. Criminal proceedings against a member of Parliament cannot commence, nor can custody be ordered, without the Assembly’s consent, except when they are caught committing a criminal offense punishable by more than five years in prison.

If the parliamentarian facing prosecution, i.e., whose immunity is sought to be lifted, is part of the ruling majority, their majority can override the minority’s objections and deny the request. This situation occurred last March when the Administrative Committee recommended to the legislative body not to allow prosecution of the Deputy Prime Minister and the Minister of Economic Development. Nika Đeljošaj may initiate criminal proceedings at the request of the Basic State Prosecutor’s Office in Podgorica for the offense of inciting resistance.

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