TV show “Okvir” dedicated to the Special Prosecution Office

Our Dina Bajramspahić was a guest on the TV show “Okvir”. The show was broadcasted on September 28, 2014, and the topic was Draft Law on Special State Prosecution Office.

Other guests were:

  • Ms. Branka Lakočević, Deputy Minister of Justice,
  • Mr. Dragan Novosel, First Deputy Chief Public Prosecutor of the Republic of Croatia.

The show is hosted by Zoran Leković and airs on RTCG 1 on Sundays at 20.10. The show can be viewed at the link below:

http://www.rtcg.me/tv/emisije/informativni/okvir/67060/okvir-28092014.html

Comments on the Draft Amendments to the Criminal Procedure Code

Our Dina Bajramspahić participated at the roundtable on the Draft Amendments to the Criminal Procedure Code organized by the Ministry of Justice. On this occasion, she presented comments on the Draft that we had submitted in the framework of the public hearing.

Our comments can be accessed here (in Montenegrin only)

Related news:

TV show: Political accountability of local authorities

Research Coordinator at Institute Alternative Jovana Marović was a guest on the TV show “Balkan Express” hosted by Duška Pejović on Atlas television. The show was broadcasted on September 17, 2014, and the topic was “Political accountability of local authorities”. Alongside Jovana, Milica Kovačević, President of the Managing Board of Centre for Democratic Transition, and Boris Marić, Senior Legal Advisor at Centre for Civic Education, took part in the show. Jovana spoke in detail about the current process of reform of local government, as well as recruitment procedures in the Montenegrin municipalities.

The show can be viewed at the link below:

Employment in Montenegrin municipalities – merit or party based?

Through the analysis „Employment in Montenegrin municipalities – merit or party based?“, Institute Alternative continues monitoring of the implementation of public administration reform in Montenegro, focusing on the local level, after publishing of several publications and monitoring reports dealing with reform processes in state administration bodies. The analysis has been prepared within the project „Corruption at the local level – zero tolerance!”, and the project focused on identification of the key issues at the local level in the areas of high risk for corruption.

The starting point are key challenges for the reform of civil service at the local level, followed by the analysis of the problems Montenegrin municipalities are facing in human resource management. In accordance with the framework of the project, special attention was given to the capacities for management of human resources in 14 municipalities. In order to throw light on the dynamics of local government reform, key strategic documents and legislative framework regulating the field of the civil service system in Montenegro have been analyzed. Information about the number of employees at the local level, as well as the decisions on employment/recruitment of local servants and employees in 2013 have been collected through free access to information requests. The overview of non-transparent recruitment practices at the local level has been done based on the analysis of newspaper articles published during 2013 and 2014.

Additional sources of information used were opinions of the local civil servants and councilors, as well as representatives of non-governmental sector, collected during fourteen consultative trainings in the Municipalities that were subject of the research, as well as during the panel discussion „Preconditions for transparent recruitment at the local level“, held on June 17, 2014 in Kolašin.

Montenegrin Civilian Capacities for Peace Operations: Will Without Means?

Our new policy brief brings an insight into whether Montenegro is preparing for providing non-military, civilian contribution to peacekeeping.

The term civilian capacities (CivCap), as understood in the brief, includes civilians and other non-military personnel that participate in peace-building and state building missions, including the police and civilians in military missions.

This paper provides an overview of the current state of affairs when it comes to Montenegro’s capacities and institutional set-up for civilian peace operations.

Montenegro is at the very start of developing its policy in the area of civilian participation in the peace support missions (CivCap). It currently participates in several peace support missions, under UN, NATO and EU auspices, almost exclusively with armed troops. The police is starting to deploy its officers to missions, the civil protection units have not yet been formed and representatives of other institutions have so far not participated in missions. With NATO membership as a key goal, Montenegro has started to conduct activities aimed at establishing CIVCAP, as one of the required steps in the integration process. The process has not yet been institutionalized, but there seems to be a will in the administration that CIVCAP should be developed. The process is quite challenging for a small state with limited capacities and strong donor support for initial steps is crucial for its success. At the end of the paper, recommendations for concrete steps to take in order to develop the CivCap system are given.

This policy brief is a product of cooperation with the Belgrade Centre for Security Policy (BCSP) and the Norwegian Institute of International Affairs (NUPI), in the framework of a regional research initiative „Western Balkans Civilian Capacities in Peace Operations“, supported by the Royal Norwegian Ministry of Foreign Affairs.

Special prosecution remains wishful thinking

Representatives of Institute Alternative, Stevo Muk and Dina Bajramspahić, participated today at the roundtable on the Draft Law on Special State Prosecution Office organized by the Ministry of Justice. On this occasion, they presented our comments, suggestions and proposals with regard to this Draft Law.

The Draft Law on Special State Prosecution Office, deliberated at the public hearing, is not a result of identified problems in the work of the hitherto Department for combating organized crime, corruption, terrorism and war crimes and the proposed solutions do not correspond to its actual needs. This is most evident from the fact that a minimum of Draft provisions is related to special prosecutors, so the Department will not undergo any substantial changes. Hence, the focus of the Draft Law is on the changes related to other subjects (state authorities, especially the Police and other authorities that will reassign their employees to the Special Prosecution Office, banks, etc.), while the issues related to the Special Prosecution Office are neglected or regulated in the same manner as before, which is very problematic.

In short, according to this Draft Law:

  1. The preconditions for the highest qualified legal experts, who have the capacity to conduct investigations in high-profile corruption and organized crime cases, to come to the position of Chief Special Prosecutor and special prosecutors have not been met.
  2. The security risks in the selection of the Chief Special Prosecutor and special prosecutors have not been reduced.
  3. Competencies are not defined in the manner which would allow Special Prosecution Office to attend to the most complex cases. On the contrary, the SPO will be swamped with cases of low-profile corruption.
  4. The authority of Chief Special Prosecutor in the Police Administration has not been strengthened.
  5. Prescribing performance evaluation measures for the Chief Special Prosecutor and special prosecutors is entirely omitted.
  6. Prescribing control procedures of dismissal of criminal complaints is entirely omitted.
  7. The procedure for determining the number of special prosecutors has not been established.
  8. Budgetary stability has not been provided and the budget amount determined for this Office is not known, since it is “drowned” within the overall budget of the State Prosecution Office.
  9. Special reporting practice to the Parliament has not been established nor any additional reporting practice to the Prosecutorial Council.

Although it may be redundant to repeat, we remind that every Progress Report issued by the European Commission brings the same assessments on the alarming state of affairs in the area of corruption and organized crime and particularly points out to the lack of track record of proactive investigations in this field. The burden of achieving results in this area is placed on the Special Prosecution Office. However, this Draft Law does not reflect even the slightest desire to actually improve the Special Prosecution Office, but only to have some “cosmetic” reforms.

Our comments can be found here