HRA NEWSLETTER 12 – BRIEF NEWS

Secretary of the Judicial Council Accused of Abuse of Office

The Basic State Prosecutor’s Office in Podgorica filed an indictment with the Basic Court in Podgorica against Vesna Aćimić, secretary of the Judicial Council. She is charged with abuse of office and obstruction of evidence over an extended period.

“The indictment alleges that by exceeding the limits of her official authority, the defendant, V. A., provided a benefit to M. Z., a judge of the Basic Court in Rožaje, by failing to inform the Judicial Council that a criminal proceeding was ongoing against the said judge, which was the reason for his temporary suspension from judicial duties,” the Basic State Prosecutor’s Office in Podgorica stated.

She is also accused of deliberately obstructing evidence in the case before the Special Prosecutor’s Office against the former President of the Supreme Court, Vesna Medenica, by failing to submit the original case files requested from her. The files pertain to a notification from a group of citizens that a criminal proceeding had been initiated against Milosav Zekić, a judge of the Basic Court in Rožaje.

Basic Court in Bar Delegates Cases to Ulcinj and Kotor Courts

Due to a heavy workload and a shortage of judges, the Basic Court in Bar delegated 330 cases each to the courts in Ulcinj and Kotor. This was necessary because the four judges currently serving in Bar cannot manage the incoming cases and the backlog of pending cases.

According to the court’s staffing plan, the Basic Court in Bar should have 11 judges—almost three times the current number—while at the beginning of September, the court had 2,806 unresolved cases.

Tamara Spasojević, head of the Basic Court in Bar, told Vijesti that this measure aims to protect the parties. She explained that in December, two court advisors will certainly be promoted to judicial positions, and although eight candidates are currently in judicial training, it is not certain whether any of them will choose to work at the court in Bar.

Previously, due to the situation at the Basic Court in Bar, local attorneys protested in March, demanding that the Judicial Council resolve the staffing crisis.

Judicial Council Proposes Law Amendments to Facilitate Recruitment of Missing Staff

The Judicial Council will propose amendments to the Law on the Judicial Council and Judges to modify the conditions for electing judges. This will allow overcoming current legal obstacles that prevent lawyers, notaries, and law professors from accessing judicial positions. This decision was made at the Council’s session held on September 9.

“It was concluded that the judiciary should be opened to a greater number of candidates, which requires changing the conditions for the selection of judges,” the Council stated.

At the same session, the Council decided to publish public announcements for the promotion of one judge to the Supreme Court and one to the Appellate Court, as well as for one non-career judge of the Supreme Court of Montenegro.

As of late July, there were 281 active judges in Montenegrin courts, with 52 positions vacant—nearly 16%—including leadership positions in the Basic Courts in Cetinje and Žabljak. The northern region had the largest shortage with 17 judges, the southern region 12, and the central region 8, according to previous Judicial Council data.

At its first session in September, the Judicial Council took steps to fill vacant positions. Nine candidates who completed the training at the Judicial Training Centre were selected for Basic Court positions, with their exact assignments to be determined later. Additionally, one judge each was selected for the Commercial Court and the Administrative Court, and one for the Minor Offenses Court in Bijelo Polje.

The Council also decided to request the Ministry of Justice to continue work on a special law regulating judges’ salaries, rights, and obligations, including a precise retirement age for judges.

Administrative Court Staff Ready to Strike, Demand Salary Increases

If the state does not sign a sectoral collective agreement and raise salaries in the judiciary promptly, court employees will suspend work from 11 a.m. to 12 p.m. on working days starting October 6, announced Acting President of the Judicial Union Dejan Đukić.

Đukić told Radio Montenegro that this measure follows months of negotiations with the Ministry of Finance, during which no agreement was reached on a 30% salary increase for administrative staff and the signing of a sectoral collective agreement for the judiciary.

If no compromise is reached after the work stoppage, further action will follow, he warned.

“If no agreement is reached in the upcoming period, a full work stoppage for the entire working day will occur,” he emphasized.

The Judicial Union stressed the difficult material situation of court employees and requested an urgent meeting with government representatives.

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