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PM Marković at PMQs: Final verdicts of acquittal s...
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PM Marković at PMQs: Final verdicts of acquittal should be seen as evidence of high-quality system, not as anomaly
Published on: Apr 24, 2019 • 10:24 PM Author: PR Service
Prime Minister Duško Marković assessed that the costs incurred by the state regarding the final verdicts of acquittal against persons against whom indictments were filed should be viewed in the context of the independence of the judiciary.
"The court is autonomous and independent and it arbitrates on the basis of the Constitution, laws and confirmed and published international treaties, and the independence and autonomy of courts and judges is provided by the Judicial Council as an autonomous and independent body. Furthermore, the State Prosecutor's Office, as a unique and independent state body, carries out the prosecution of perpetrators of criminal offenses and other criminal offenses on the ex officio basis, and its independence is ensured by the Prosecutorial Council. Together in this same Parliament, we have achieved a broad consensus on the constitutional position of these institutions, so I will not elaborate on the lack of responsibility of the Government for the work of judges and state prosecutors. However, what is in the area of Government's competence, we are implementing it, which is to strengthen the rule of law as a prerequisite for economic and social development of Montenegro. The Government, as one of the actors of a comprehensive reform of the judiciary, is certainly interested that all costs, including the costs of the court procedure you are indicating, are smaller and we believe that in the following period, we will come to that ", the Prime Minister said, answering the question of independent MP Aleksandar Damjanović.
Prime Minister Marković also said that enforceable acquittal should be seen just as evidence of the high-quality system, not as an anomaly.
"If the state prosecutors would only proceed in cases where they are 100% sure that they will be able to prove their guilt, then the indictments would be judgments," PM Marković stressed.
Reflecting on the statistics, the Prime Minister said that the data was encouraging.
"During 2018, the State Prosecutor's Office achieved an extremely high percentage of confirmed indictments, with nearly 98% of the indictments confirmed in the court verification procedure. The percentage of convictions is also high and amounts to almost 91%. Less than 4% of the indictments were resolved by acquittal, and less than 2% of the charges were rejected," PM Marković emphasised.
The Prime Minister added that the Montenegrin judiciary is not in any kind of acting state that would in any way negatively affect the implementation of its constitutional and social role.
"Considering these issues more important than the amount of monetary benefits that are allocated from the budget for the work of the courts and the prosecution, I would like to say that the legislative, executive and judicial authorities must be accountable to the citizens. Independence is a condition for the efficiency of each of them, and mutual control guarantees their responsibility," Prime Minister Duško Marković noted.
In an additional discussion, the Prime Minister said that the current solution to the election of the Judicial Council came about in order to avoid the blocking of the system or the illegitimate body.
"We did not come to this solution as legal abusers in order to compromise the constitutional and political system in Montenegro. It is because we had a situation of Parliament's lack of functionality, that is, its unwillingness to answer the key issue of the Constitution and the functioning of the state. And we consulted the Venice Commission. This solution is based on the suggestion of the Venice Commission, which, as you know, is an actor of amendments to the Constitution and the adoption of laws that are based on the Constitution in the process of integration and harmonization of our legislation with the legislation of the European Union," the Prime Minister said.
The Prime Minister expressed readiness for a dialogue in order to find a solution. As an example that the existing solution is bad, Prime Minister Duško Marković pointed to the fact that the candidature of the long-term judge of the European Court of Human Rights, Professor Nebojša Vučinić, was not supported in the Assembly.
"A man of indisputable professional and any other authority cannot get the support of the Parliament. Why? He can be a judge of the European Court of Human Rights, but he cannot be a member of the Judicial Council," the Prime Minister said.
"It is the responsibility of the Parliament. If the Government can help, call us, we are ready to help," the Prime Minister stressed.
PUBLIC RELATIONS SERVICE OF THE GOVERNMENT OF MONTENEGRO
PHOTO: https://flic.kr/s/aHsmCHxmhc
"The court is autonomous and independent and it arbitrates on the basis of the Constitution, laws and confirmed and published international treaties, and the independence and autonomy of courts and judges is provided by the Judicial Council as an autonomous and independent body. Furthermore, the State Prosecutor's Office, as a unique and independent state body, carries out the prosecution of perpetrators of criminal offenses and other criminal offenses on the ex officio basis, and its independence is ensured by the Prosecutorial Council. Together in this same Parliament, we have achieved a broad consensus on the constitutional position of these institutions, so I will not elaborate on the lack of responsibility of the Government for the work of judges and state prosecutors. However, what is in the area of Government's competence, we are implementing it, which is to strengthen the rule of law as a prerequisite for economic and social development of Montenegro. The Government, as one of the actors of a comprehensive reform of the judiciary, is certainly interested that all costs, including the costs of the court procedure you are indicating, are smaller and we believe that in the following period, we will come to that ", the Prime Minister said, answering the question of independent MP Aleksandar Damjanović.
Prime Minister Marković also said that enforceable acquittal should be seen just as evidence of the high-quality system, not as an anomaly.
"If the state prosecutors would only proceed in cases where they are 100% sure that they will be able to prove their guilt, then the indictments would be judgments," PM Marković stressed.
Reflecting on the statistics, the Prime Minister said that the data was encouraging.
"During 2018, the State Prosecutor's Office achieved an extremely high percentage of confirmed indictments, with nearly 98% of the indictments confirmed in the court verification procedure. The percentage of convictions is also high and amounts to almost 91%. Less than 4% of the indictments were resolved by acquittal, and less than 2% of the charges were rejected," PM Marković emphasised.
The Prime Minister added that the Montenegrin judiciary is not in any kind of acting state that would in any way negatively affect the implementation of its constitutional and social role.
"Considering these issues more important than the amount of monetary benefits that are allocated from the budget for the work of the courts and the prosecution, I would like to say that the legislative, executive and judicial authorities must be accountable to the citizens. Independence is a condition for the efficiency of each of them, and mutual control guarantees their responsibility," Prime Minister Duško Marković noted.
In an additional discussion, the Prime Minister said that the current solution to the election of the Judicial Council came about in order to avoid the blocking of the system or the illegitimate body.
"We did not come to this solution as legal abusers in order to compromise the constitutional and political system in Montenegro. It is because we had a situation of Parliament's lack of functionality, that is, its unwillingness to answer the key issue of the Constitution and the functioning of the state. And we consulted the Venice Commission. This solution is based on the suggestion of the Venice Commission, which, as you know, is an actor of amendments to the Constitution and the adoption of laws that are based on the Constitution in the process of integration and harmonization of our legislation with the legislation of the European Union," the Prime Minister said.
The Prime Minister expressed readiness for a dialogue in order to find a solution. As an example that the existing solution is bad, Prime Minister Duško Marković pointed to the fact that the candidature of the long-term judge of the European Court of Human Rights, Professor Nebojša Vučinić, was not supported in the Assembly.
"A man of indisputable professional and any other authority cannot get the support of the Parliament. Why? He can be a judge of the European Court of Human Rights, but he cannot be a member of the Judicial Council," the Prime Minister said.
"It is the responsibility of the Parliament. If the Government can help, call us, we are ready to help," the Prime Minister stressed.
PUBLIC RELATIONS SERVICE OF THE GOVERNMENT OF MONTENEGRO
PHOTO: https://flic.kr/s/aHsmCHxmhc
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