HRA NEWSLETTER 12 – TOPIC 8

In the Podgorica Detention Center, 129 pre-trial detainees are on strike, with 107 refusing food, the Administration for the Execution of Criminal Sanctions (UIKS) reported on September 26. They emphasized that all pre-trial detainees are in stable health and under constant supervision.

Some detainees began the strike on September 15, and their number has been growing daily.

“Due to violations of the Law and Constitution of Montenegro, and of the right to defense and a fair trial guaranteed by law, the length of pre-trial detention, and the conditions in which we are held, we are forced to refuse any legal assistance and to abstain from attending scheduled court hearings,” the pre-trial detainees stated in a declaration issued in August.

The President of the Supreme Court of Montenegro, Valentina Pavličić, responded to their decision. She emphasized that a strike is not a solution and stressed that pre-trial detention must not be used as a substitute for a prison sentence.

“Pre-trial detainees must understand that actions such as strikes or withdrawing power of attorney from their lawyers do not solve the problems they highlight; instead, they deepen them and further delay final court decisions. No obstruction, strike, or pressure can change the existing situation, replace legally prescribed procedures, or influence a judge’s decision… As President of the Supreme Court, I am aware that pre-trial detention cannot be indefinite nor can it substitute for a sentence. However, the solution does not lie in strikes, blockades, or withdrawing legal representation, but in institutional reforms and the responsible approach of all participants in the proceedings,” Pavličić said.

It should be recalled that under the Criminal Procedure Code, pre-trial detention may last a maximum of three years. In practice, however, detainees often remain in the detention center even after a first-instance verdict, until the judgment becomes final. For this reason, the head of Montenegro’s judiciary called for “urgent amendments to procedural provisions and the adoption of a new Criminal Procedure Code.”

“Only new, modern, and clear procedural guarantees in criminal proceedings can ensure a true reform of the criminal justice system, in which justice is delivered quickly and efficiently, and trials are conducted with full respect for human rights and fundamental freedoms of each pre-trial detainee. This is how we will strengthen the rule of law in Montenegro and restore public trust in the judiciary,” she added, noting that justice excessively delayed becomes justice denied.

HRA NEWSLETTER 12

• N12.T1 – Constitutional Court at risk of blockade, authorities did not allow the election of Mirjana Vučinić as Constitutional Court judge
• N12.T2 – Minister of Justice Announces Consideration of UN Rapporteur’s Recommendations in Upcoming Legal Reforms
• N12.T3 – New Political Attacks on Constitutional Court Decisions Without Legal Grounds
• N12.T4 – Vesna Medenica Prohibited from Leaving Home Due to Court Absences, U.S. Places Her on Blacklist
• N12.T5 – Dragan Kovačević Acquitted by High Court – Judge’s Formulation Raises Concerns
• N12.T6 – Accountability of Saša Čađenović Under Review Over Statute of Limitations in ‘Telekom’ Case, Other Prosecutors Overlooked
• N12.T7 – Residents of Bijelo Polje Protest Over Delays at Administrative Court
• N12.T8 – Pre-Trial Detainees on Strike; Supreme Court President Calls for Amendments to the Criminal Procedure Code
• N12.T9 – Montenegro Loses Cases at the European Court of Human Rights; Government Issues Recommendations to Prevent New Applications
• N12.T10 – Four Convicted to 30 Years in Prison for the Murder of Inspector Slavoljub Šćekić
• N12.T11 – Prosecutorial Council Appeals to Parliament to Elect New Members; Special Prosecutor’s Office Strengthened
• N12.BN – BRIEF NEWS