24/11/2010 Notification on the Ministry of Justice decision to annul the decision of the Supreme State Prosecutor which denies HRA free access to information on the progress of investigations in 12 cases
24/11/2010 Notification on the Ministry of Justice decision to annul the decision of the Supreme State Prosecutor which denies HRA free access to information on the progress of investigations in 12 cases
On 12 May 2010 Human Rights Action filed a request for free access to information to the Supreme Public Prosecutor (SPP) asking for information related to the prosecution of the following cases: abuse of detainees in ZIKS Spuz in 2005; threats to Aleksandar Zekovic in 2007; beating of Vladana Kljajic, detainee in ZIKS Spuz, in 2008; allegations of torture of the members of SDA group in 1994, published by one of the group members, Ibrahim Cikic, in his book “Where the sun does not shine” in 2008; allegations about illegal use of secret surveillance over the judges of the Higher Court in Podgorica; murder of the daily Dan editor-in-chief Dusko Jovanovic; assault on Jevrem Brkovic and murder of his bodyguard Srdjan Vojicic; beating of a journalist Tufik Softic; allegations about the activities of “football mafia” in Montenegro; criminal charges filed by the veterinary inspector Mirjana Draskovic regarding the high-level corruption in issuing licenses for food import to Montenegro; beating of Aleksandar Pejanovic in the Security Center Podgorica detention unit; and criminal charges filed for the abuse of prisoners accused for terrorism in the police operation “Eagle Flight”. (Request available at: https://www.hraction.org/wp-content/uploads/zahtjev-1205.pdf).
On 1 October 2010 we received the decision from the SSP refusing the above request. The explanation stated that the request be rejected because it does not meet the requirements set out in the Guide for access to information of the Supreme State Prosecutor of Montenegro, and the access to information can not be achieved under the Law on Free Access to Information, but pursuant to the provisions of the Criminal Procedure Code, which prescribes the manner and procedure of using the right of access to evidence and information in criminal proceedings. (Decision available at: https://www.hraction.org/wp-content/uploads/rjesenje-vdt-0110.pdf )
In the HRA appeal submitted to the Ministry of Justice on 8 October 2010 we pointed out that we have not required access to evidence and documents in criminal proceedings because we do not have information whether, and if so, against whom, the criminal proceedings had been initiated in certain cases specified in the request. Furthermore, we stated that we have requested information on when and which investigations are carried out in relation to the mentioned cases, or if there is progress in some investigations and at what stage the proceedings are.
In addition to referring to legislation, we also noted that we believe that the public has a right to be aware of the following information concerning the above mentioned cases, i.e. that rejecting the request by the SSP does not improve public confidence in the judiciary, defined as one of the key objectives of the Judicial Reform Strategy in Montenegro. (Appeal available at: https://www.hraction.org/wp-content/uploads/zalba-min-pravde-0710.pdf )
After the Human Rights Action filed a complaint with the Administrative Court on 3 November 2010 against the Ministry of Justice due to the silence of the administration – a failure to deliver the decision on appeal, on 24 November 2010 we received a letter from the Administrative Court informing us that the Ministry of Justice rendered a decision on 22 October 2010 annulling the decision of the SSP and returning the case for reconsideration. (Decision available at: https://www.hraction.org/wp-content/uploads/rjesenje-24-11-2010.pdf )
The decision of the Ministry of Justice states that the SSP did not provide comprehensive and clear reasons for rejecting the HRA request in accordance with the Law on Free Access to Information, which violated the rules of procedure of the Law on General Administrative Procedure Act.
As the Ministry of Justice, in its decision, pointed to flaws and ordered the SSP to adopt a new, legal decisions, Human Rights Action hopes that this time the public will not be deprived of the required information in accordance with the Constitution and its right to be aware, guaranteed under the Law.
