The appeal made by the judges of the Special Department of the High Court in Podgorica for enhanced working conditions deserves immediate and unwavering support from the Judicial Council, the Ministry of Justice, the Government of Montenegro, and the Parliament of Montenegro.
These judges play a crucial role in the fight against organized crime, serving as the frontline defenders of justice in our society against organised crime. Their bold public appeal not only demonstrates their commitment to their work but also highlights the extreme challenges they face. Rather than opting for resignations or sick leave, they have chosen to advocate for better circumstances, a testament to their dedication.
The Human Rights Action (HRA) also applauds the judges’ willingness to undergo vetting, recognizing the critical importance of this process. While vetting may not expedite trials, it is essential for ensuring that judicial proceedings serve their intended purpose—delivering justice and fostering public trust in the judiciary.
The eight judges currently managing a staggering workload—162 backlogged cases and seven new cases reported just in September—represent a mere fraction of what is necessary for the complexity of these cases. The capacity constraints are palpable and growing, as evidenced by the average duration for first-instance proceedings, which has now reached 482 days according to the 2023 Annual Work Report. If current trends continue, we can expect this figure to rise even further in 2024.
Therefore, the HRA calls upon the Judicial Council, the Minister of Justice, the Minister of Finance, fellow judges, and the broader public to act urgently. It is imperative to address the imminent crisis within the Special Department of the High Court in Podgorica and extend similar considerations to other courts facing dire situations.
A crucial first step is for the Judicial Council to convene an urgent meeting involving the president of the High Court in Podgorica—who also serves as a judge in the Special Department. This meeting should focus on strategies for increasing the number of judges, judicial advisors, clerks, and trainees to counteract the overwhelming case load.
Efforts must be made to temporarily reassign judges from the Appellate Court, the High Court in Bijelo Polje, or even the Supreme Court to provide immediate assistance. Furthermore, expediting the selection process for four judges in the High Court in Podgorica—currently stalled since April due to a lack of Evaluation Rules—is essential. Similarly, the process of appointing six advisory positions from the public call issued in July must be accelerated.
Beyond staffing enhancements, it is vital to conduct a thorough review of existing procedures within the Special Department. Streamlining workflow and introducing modern administrative practices, including automation and technology for recording trials and case management, can significantly enhance efficiency. Furthermore, salaries of judges should be increased.
In conclusion, the HRA strongly emphasizes that meeting these pressing needs should be an immediate focus for all responsible authorities and a test of their capacity to advance Montenegro towards EU membership. Acknowledging and acting on the judges’ appeal is a critical step towards reinforcing Montenegro’s commitment to justice, the rule of law and fighting organised crime.
Tea Gorjanc Prelevic, executive director of Human Rights Action (HRA)
