Tracking Cases from Inception to Final Judgment
Supreme Court President Valentina Pavličić emphasized that it is the duty of courts and judges to resolve cases within a reasonable timeframe, noting that the courts have started to monitor cases from their inception until their final resolution.
After a conference organized by the OSCE Mission to Montenegro in Podgorica today, as part of the OSCE Regional Trial Monitoring Project aimed at combating organized crime and corruption in the Western Balkans, Pavličić shared her insights with the MINA agency.
Discussing the public report on trial monitoring in the Western Balkans, which offers recommendations for enhancing the judiciary’s effectiveness against organized crime and corruption, she remarked that the report serves as a valuable resource for the Montenegrin judicial system to address the challenges it faces.
“The report provides several recommendations and guidelines based on the standardization of legal and procedural issues that judges and courts in Montenegro encounter at this time,” stated Pavličić.
Since the onset of her tenure, Pavličić has initiated efforts to implement the recommendations outlined in the OSCE report.
“In the last two months, we have established criteria that court instances must adhere to, following all these recommendations, and we anticipate having some results or case conclusions in specific categories shortly,” Pavličić explained.
She highlighted that one of the most critical recommendations from the OSCE project’s public report, which they have commenced implementing, is case monitoring.
“We have begun tracking cases from the moment they enter the court system until they reach a final verdict,” said Pavličić.
She underscored that it is primarily the responsibility of Montenegrin courts and judges to adjudicate cases within a reasonable timeframe and to issue legal decisions for all pending indictments.
“I will allow the public to evaluate the speed and effectiveness of the initial results in this regard,” added Pavličić, encouraging the public to give judges the opportunity to demonstrate their expertise in their roles.
She noted that the first recommendation implemented was the so-called communication strategy for the judicial branch, along with the accompanying action plan.
Pavličić mentioned that various steps have been taken to inform the public about the obligations and responsibilities of the court during proceedings.
She also indicated that they have started to implement the recommendation to increase the visibility of cases and trials concerning organized crime and significant corruption, as daily schedules reveal numerous court proceedings taking place in the High Court of Podgorica.
According to Pavličić, the OSCE report’s recommendation led to the Judicial Council electing nine new judges to the High Court in Podgorica at the end of last year and in February this year to enhance personnel capacity.
“We appointed nine new judges, who the President of the High Court will likely assign to the Specialized Department to strengthen that personnel capacity,” Pavličić added.
She pointed out that they have also supported the High Court in terms of spatial capacity by allocating the courtroom of the Appellate and Supreme Courts for use by the judges of the Specialized Department.
Pavličić noted that in cases attracting public attention, the Podgorica High Court, which has been handling them for an extended period, will ensure that procedural norms regulating the efficiency of trials are upheld.
As part of the recommendations, they have commenced work on amendments to the Criminal Procedure Code, with working group sessions scheduled for the coming days.
“We have received feedback from the European Commission, and the Ministry of Justice must fulfill its obligations concerning legislative changes,” emphasized Pavličić.
Today, the OSCE Mission to Montenegro organized a discussion forum as part of the OSCE Regional Trial Monitoring Project to combat organized crime and corruption in the Western Balkans. The forum gathered key representatives from the judiciary and other pertinent stakeholders.
Following the release of a public report last June, which outlines recommendations for improving the judiciary’s response to organized crime and corruption cases, forum participants deliberated on concrete actions for their implementation.
The recommendations for Montenegro provide a comprehensive framework for progress that supports ongoing reforms.
The report offers actionable and evidence-based guidance intended to assist Montenegrin institutions, particularly those involved in prosecuting and adjudicating organized crime and corruption cases, in establishing a justice system that effectively addresses these issues.
Currently, the project is monitoring 61 cases in Montenegro, comprising 35 corruption cases and 26 cases of organized crime.
The regional trial monitoring project is also being implemented in five other jurisdictions across the Western Balkans, facilitated by OSCE field operations in Tirana, Pristina, Sarajevo, Belgrade, and Skopje.
This initiative utilizes an adapted methodology from the OSCE Office for Democratic Institutions and Human Rights (ODIHR) and is funded by the European Commission through the Instrument for Pre-Accession Assistance (IPA II).
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