The recent publication of audio recordings of the government and political party officials[1], which revealed systemic discrimination against citizens based on political affiliation and misuse of the state resources – in order to employ or financially assist in other ways DPS members and supporters during the election preparations – together with absence of related criminal investigation seriously raises doubts about the state prosecution, as the weakest link in the rule of law system in Montenegro.

In the affair “Audio Recording” everything indicates that, a number of criminal offenses have been systematically executed, as a method of political action. Those offences, which should be executed ex officio are: Infringement of Equality – Article 159[2] of the Criminal Code (CC), Infringement of Equality in Employment – Article 225[3] of the CC, Abuse of an Official Position – Article 416[4], etc. However, although there are reasonable doubts for hundreds and even thousands of criminal offences, the state prosecutions’ first reaction was discouraging and focused, in this case, on avoiding action. Of particular concern is the Supreme State Prosecutor’s burying head in the sand, having in mind that pursuant to Art. 19 of the CPC the State Prosecutor is obliged to initiate prosecution whenever there is a reasonable doubt that a certain person has committed a criminal offence that is prosecuted ex officio[5].

The prosecution is obliged to urgently investigate all revealed allegations. The investigation should include, in addition to DPS officials, persons employed in the government agencies, who possibly carried out their instructions i.e. to thoroughly investigate all cases of employment referred to in the revealed audio recordings: distribution of compensations after floods, use of the Labour Fund, European funds, and others, and to process, in accordance with the results of the investigation, the perpetrators of the crimes.

For the rule of law and respect for human rights in a state, institutions, which task is to protect those rights, primarily the prosecutors and the courts, are more important than political parties. In the rule of law, the State Prosecutor must be exclusively devoted to the law and his/her conscience, and ready to investigate and prosecute offenders, regardless of their political affiliation. Swift rejection of the state prosecution to conduct a thorough investigation regarding the issue of admitted employment, based on a political party affiliation, and providing assistance at public expense, is evidence itself on the point where Montenegro stands on its path to the rule of law, and on necessity of urgent reform of the state prosecution in Montenegro.

As a reminder:

1)  In the audio recording of the meeting of the Council for Implementation of DPS Electoral Program, MP and former director of Employment Agency of Montenegro (Zavod za zapošljavanje Crne Gore – ZZZCG) Zoran Jelić said that “during the preparation of the upcoming elections” in ZZZCG “we have launched several projects through which primarily members of DPS will be employed… Yesterday we have already employed 460 people, and by Wednesday another 40 will start, and thus the project will be completed… The project is exceptionally functional. Through these projects, we will employ primarily DPS members. We are in contact, on a daily basis, with the presidents of the DPS committees in all municipalities, since we want to employ our people in the first place.”[6]

2)  After this statement the competent prosecution addressed the public and in the press release signed by the Supreme State Prosecutor, Ms. Ranka Čarapić it was assessed “that none of participants in the session with his/ her statement did not fulfil elements of any criminal offence prescribed in the Criminal Code of Montenegro” but they are ready to consider individual criminal claims against other persons, who may have violated the law.[7] Thus, the prosecution explained that very statements are not in themselves a criminal offence. which has been self-explanatory because the recorded statements had been a competent notice about committed criminal offences to the public and the prosecution.  The attitude of the State Prosecution that individual criminal charges are a pre-condition for their performance is particularly concerning, because the offenses discussed at the party sessions should be prosecuted ex officio, according to the Criminal Code.

3)     The prosecution remained silent also upon publication of new recordings, whose topic again was selective recruitment of DPS members and voters for the achievement of good electoral results with misuse of the state institutions and resources:

–          Jovan Martinović from Cetinje:

“Yes, we have a very good coordination in the Royal Capital regarding the employment in state institutions. I use this opportunity to commend daily communication with the Ministry of Education and Sports and Minister Stijepović who never sidesteps the party.”[8]

–          Budimir Dabetić:

“I have to express my satisfaction with the number of internship places given to us by the Ministry of Health, Ministry of Education, and the Agency for Environmental Protection.  That gave us extra strength and, I believe, better election result at these elections. I would like to ask here for re-engagement of our members in Forest Administration and Customs Administration, who had worked there for several years, but in the meantime lost their jobs, and they have been very involved in the party, as presidents and vice presidents of the local committees”.[9]

4)     In addition to statements which raise doubt that employment was done selectively,  according to political party affiliation, statements of Dejan Medojević, mayor of Mojkovac raise doubt that citizens were not treated equally even regarding the payment for flood compensations. Hence, in the audio recoding, published on 28 February 2013 in Daily Dan, Mayor of Mojkovac said:

 “You know that in the previous period the municipality had a lot of natural disasters and if there is a possibility of paying compensations to our members that would help us a lot in the field”.

Also, Mr. Medojević in his statements raises doubt that citizens were placed in unequal positions regarding the redundancy payments as well. He said among other things:

“And another very important issue is to direct redundancy payments from the Labour Fund to our members I think that will directly help us in the field”. [10]

5)     In connection with redundancy payments, besides Mojkovac mayor, in the audio recording of the session an announcement of the then political director of DPS, Branimir Gvozdenović that DPS members would get, until September, redundancy payments through the Labour Fund, including project of the European Investment Bank, can be heard.[11]

If in such a notorious case, the state prosecution persists in its decision not to investigate anything ex officio (on their own motion) than it would be necessary to prosecute state prosecutors, who are responsible for such decisions.

We can still hope that the Constitutional amendments, as well as the termination of the mandate of the current state prosecutor will contribute to progress in establishing the rule of law in Montenegro.